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August 15, 20250 citations

Alimony and Equality: The Forgotten Struggles of Men in India’s Maintenance Laws

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NCNeil K. ChaudharyInsurance Institute for Highway Safety

Key Points

  • Men often lack adequate legal recourse in India's maintenance laws, facing social and economic challenges.
  • Asymmetrical maintenance laws in India predominantly protect women, leaving men's struggles unaddressed.
  • Calls for reforms in family laws are increasing, aiming for gender-neutrality and equality in legal proceedings.
  • The article traces the historical context of alimony and its implications for both men and women.

Abstract

The discourse on maintenance and alimony in India has historically revolved around protecting the rights of women, rooted in a socio-legal context that presumed women to be financially dependent and socially disadvantaged. However, the evolving paradigms of gender roles, economic participation, and equality before the law demand a more inclusive analysis that also addresses the overlooked struggles of men in maintenance-related matters. This article critically examines the asymmetrical nature of India’s maintenance laws that often leave men—particularly those who are economically weaker or abandoned—without adequate legal or social recourse. The article begins by tracing the Introduction of alimony laws in India, originally framed to safeguard women post-separation, and how the narrative has remained largely one-sided. In the section on the Emerging Discourse on Gender-Neutrality, the paper explores the increasing calls for reform in family laws to reflect constitutional values of equality and non-discrimination. This shift necessitates re-evaluating the position of men, particularly in matrimonial disputes involving maintenance claims.

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Cite This Study

Neil K. Chaudhary (2025) studied this question.

synapsesocial.com/papers/68af5bc1ad7bf08b1eadfc62https://doi.org/10.71097/ijaidr.v16.i2.1526
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