Maintenance, Alimony and Domestic Violence: Examining Gender Neutrality in Indian Family Law

This paper examines the legal position of men within the frameworks governing maintenance, alimony and domestic violence in India. It analyses Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 24 and 25 of the Hindu Marriage Act, 1955, and the Protection of Women from Domestic Violence Act, 2005, with particular focus on questions of gender neutrality and financial dependency. Through a doctrinal analysis of statutory provisions, judicial decisions and selected comparative jurisdictions, the paper explores the gap between legislative text and practical application. The paper refers to recent decisions including Rajnesh v Neha, Parvin Kumar Jain v Anju Jain, Rinku Baheti v Sandesh Sharda and Chetram Mali v Karishma Saini. The analysis indicates that differences still exist between the wording of certain provisions and the manner in which they operate in practice.