The Hindu Marriage Act, 1955: A Critical Analysis Of Divorce And Maintenance Provisions
- IJLLR Journal
- 3 hours ago
- 2 min read
Arshita Tyagi, Amity University Lucknow, Uttar Pradesh
Dr. Axita Shrivastava, Amity University Lucknow, Uttar Pradesh
Page: 4175-4198
ABSTRACT
The Hindu Marriage Act, 1955, was enacted to codify and modernize the laws governing marriage among Hindus in India. It introduced a comprehen- sive legal framework that regulates marriage, divorce, and maintenance, re- flecting a balance between traditional Hindu values and modern legal princi- ples. This study critically analyzes the provisions related to divorce and maintenance under the Act, highlighting their evolution, interpretation by the judiciary, and impact on individuals. The grounds for divorce, including adultery, cruelty, desertion, and mutual consent, are examined in detail to as- sess their effectiveness and fairness. The study also explores the concept of maintenance, focusing on the rights of both spouses to seek financial sup- port during and after divorce. Judicial interpretations have played a crucial role in shaping the understanding and application of these provisions, ensur- ing that they remain relevant in contemporary society. However, challenges such as gender bias, lengthy legal procedures, and inadequate financial sup- port remain significant issues. The paper also examines landmark judg- ments that have influenced the interpretation and implementation of these provisions. It further evaluates whether the Act adequately protects the rights of women and ensures a fair resolution of disputes. The analysis un- derscores the need for reforms to address the practical challenges faced by individuals seeking divorce and maintenance under the Act. The study con- cludes that while the Hindu Marriage Act, 1955, represents a significant step toward legal modernization, there is a need for continuous adaptation to address evolving social and economic realities.
Keywords: Hindu Marriage Act, 1955; divorce; maintenance; judicial in- terpretation; legal reform; gender equality
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