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

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.