Marriage Business Alimony Debate

Marriage has traditionally been seen as a sacred bond in Indian society—rooted in trust, companionship, and mutual responsibility. However, in recent years, a growing number of people are asking an uncomfortable question: has marriage in today’s time become a business transaction, where money is looted in the name of alimony?

This debate is not about denying genuine cases of hardship or injustice. Instead, it is about examining whether the misuse of alimony and maintenance laws is eroding the very foundation of marriage.

Marriage in India: From Sanskar to Settlement?

In India, marriage has long been more than a legal contract—it is a social and cultural institution. But with rising divorce rates, prolonged court battles, and financially devastating settlements, many now view marriage with suspicion rather than hope.

While empowerment and legal protection for women were necessary reforms, the perception that marriage can be used as a financial safety net or leverage tool has led to fear, especially among young men and their families.

Understanding Alimony and Maintenance Under Indian Law

What Is Alimony Meant For?

Alimony (maintenance) is designed to:

  • Support a financially dependent spouse
  • Prevent destitution after divorce
  • Ensure a similar standard of living post-separation

Indian courts grant maintenance under laws such as:

  • Section 125 CrPC
  • Hindu Marriage Act, 1955
  • Protection of Women from Domestic Violence Act, 2005

Where the Controversy Begins

Allegations of Misuse

Critics argue that:

  • Maintenance is sometimes demanded regardless of the wife’s earning capacity
  • Cases drag on for years, financially exhausting one party
  • Interim maintenance is granted quickly, while final judgments take decades
  • False or exaggerated claims of cruelty are used as legal pressure tactics

This has led to the popular belief that marriage has become a high-risk financial investment, especially for middle-class families.

What Indian Courts Have Said

Indian courts have repeatedly clarified that:

  • An educated, capable spouse cannot sit idle and claim maintenance
  • Maintenance is not a “reward” or “lifetime salary”
  • Each case must be decided on facts, income, and conduct

Yet, despite these observations, ground-level implementation remains inconsistent, fueling frustration and mistrust.

The Other Side: Why Alimony Still Matters

It is equally important to acknowledge that:

  • Many women leave careers due to marriage and childcare
  • Social stigma still limits remarriage and employment opportunities
  • Genuine victims of abuse and abandonment rely on maintenance for survival

Labeling all alimony cases as “extortion” harms genuine victims and oversimplifies a complex issue.

Conclusion: Marriage or Money?

Marriage should never feel like a financial gamble. Nor should alimony be seen as legalized looting or blind entitlement.

If marriage is to survive as an institution of trust, laws must protect the vulnerable without enabling misuse. Otherwise, fear will replace faith—and contracts will replace companionship.

The question we must ask is not “Who benefits?”, but “Is justice truly being served?”

Frequently Asked Questions (FAQs)

No. Alimony depends on income, financial dependency, lifestyle, and case facts. It is not automatic.
Yes, but courts may reduce or deny maintenance if she is financially independent and capable of self-support.
Like any law, misuse is possible. Indian courts acknowledge this and assess cases individually.
There is no specific law, but courts can dismiss false claims and impose costs in proven cases.
Most maintenance laws currently favor women, though courts increasingly emphasize gender-neutral principles.
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