AN ANALYTICAL STUDY ON THE IMPACT OF DIVORCE ON WOMENS PROPERTY RIGHTS AND MAINTENANCE CLAIMS UNDER HINDU LAW BY - ROSY KUMAR & PRAVEEN ANANDHAN
AN
ANALYTICAL STUDY ON THE IMPACT OF DIVORCE ON WOMEN'S PROPERTY RIGHTS AND
MAINTENANCE CLAIMS UNDER HINDU LAW
ABSTRACT
This research examines the impact of
divorce on women's property rights and maintenance claims under Hindu Law in India.
This study aims to analyze the impact of divorce on women's property rights and
maintenance claims under Hindu Law. Divorce has long been a subject of social,
legal, and emotional significance, particularly for women who often face
significant challenges in safeguarding their economic rights post-separation.
Hindu Law, as governed by the Hindu Marriage Act, 1955, and the Hindu Adoption
and Maintenance Act, 1956, provides specific provisions for the protection of
women’s rights after divorce. Yet, challenges in enforcement and legal loopholes
persist. The research investigates how divorce affects a woman’s entitlement to
property, focusing on the division of marital property, inheritance rights, and
the impact of the dowry system. This research follows an empirical type of
research and the sampling method used in this survey is a simple random
sampling method. The sample size of the research is limited to 200. The study
further examines women’s claims for maintenance under Section 25 of the Hindu
Marriage Act and Section 18 of the Hindu Adoption and Maintenance Act, which
ensure a woman’s right to financial support after divorce, regardless of her
marital status or personal wealth. The findings of this research reveal that
while Hindu Law provides some legal provisions for women’s property rights and
maintenance claims, enforcement is inconsistent and often hindered by societal,
economic, and legal challenges. In conclusion, the impact of divorce on women’s property rights and
maintenance claims under Hindu Law remains a critical area that requires
continuous legal and societal attention.
KEYWORDS: Maintenance,
Adoption, Precedents, Judicial Review, Independence
INTRODUCTION
This research explores the effects of
divorce on women's property rights and maintenance claims under Hindu Law in
India. It analyzes legal frameworks, identifies challenges, and suggests
potential reforms to improve women's financial protection after divorce. The
aim of this research is to analyze the impact of divorce on women's property
rights and maintenance claims under Hindu Law in India. It seeks to explore how
legal provisions, such as the Hindu Marriage Act (1955) and the Hindu Adoption
and Maintenance Act (1956), safeguard women’s financial rights post-divorce.
The Evolution of The impact of
divorce on women’s property rights and maintenance claims under Hindu Law has
evolved significantly. Initially, women had limited rights to property or
maintenance post-divorce. The Hindu Marriage Act, 1955, and the Hindu Adoption
and Maintenance Act, 1956, provided legal avenues for women’s financial
support, including maintenance and property rights. Over time, judicial
interpretations have broadened these rights, acknowledging the need for
financial security post-divorce. However, women still face challenges such as societal
biases, legal hurdles, and inadequate enforcement of these provisions. Ongoing
legal reforms aim to ensure more equitable protection of women's rights in
divorce settlements.
The Indian Government has implemented
several initiatives to protect women’s property rights and maintenance claims
under Hindu Law, particularly after divorce. The Hindu Marriage Act (1955) and
the Hindu Adoption and Maintenance Act (1956) ensure financial support and
property rights for women post-divorce. In addition, the introduction of the
Domestic Violence Act (2005) expanded women’s rights to property and
maintenance in abusive marriages. The 2005 amendment to the Hindu Succession
Act provided daughters with equal inheritance rights. Government schemes, such
as the “One Stop Centers” and Legal Aid initiatives, aim to support women in
accessing their rights and navigating the legal system effectively.
Several factors affect the impact of
divorce on women's property rights and maintenance claims under Hindu Law.
These include the interpretation of legal provisions, which can vary across
courts, and societal norms that may undermine women's claims. Economic
dependency, lack of awareness, and limited access to legal resources often
hinder women from asserting their rights. The presence of a valid marriage
certificate and the ability to prove financial needs are crucial in maintenance
claims. Additionally, the complexity and delays in the judicial process can
affect women’s ability to secure timely financial support and property division
after divorce.
Current trends in the impact of
divorce on women's property rights and maintenance claims under Hindu Law
reflect a growing emphasis on gender equality and women's financial
independence. Courts are increasingly recognizing the need for equitable
division of marital property and the right to maintenance, even for women with
independent incomes. Judicial interpretations have expanded, ensuring women’s
right to inheritance and financial support, irrespective of personal wealth.
Social awareness campaigns and legal reforms, like the 2005 amendment to the
Hindu Succession Act, continue to strengthen women's rights. However,
challenges such as societal stigma, legal delays, and enforcement remain
prevalent.
To compare with, In India, divorce impacts women’s property rights and maintenance
claims under Hindu Law through provisions like the Hindu Marriage Act (1955)
and the Hindu Adoption and Maintenance Act (1956). However, enforcement issues
and societal barriers often complicate access to these rights. In contrast,
countries like the U.S. and Canada follow more equitable systems for dividing
marital property, with clear laws governing alimony and property settlements,
regardless of gender. In European countries like the U.K., divorce settlements
tend to focus on ensuring both parties' financial independence.
OBJECTIVES
? To Review key Hindu Law provisions
for women's property rights and maintenance claims post-divorce
? To
Examine societal, economic, and legal barriers preventing women from
accessing their rights
? To Recommend legal reforms to improve
women's access to property rights and maintenance claims
REVIEW OF LITERATURE
(Reena Patel, 2006) This paper addresses the need to critically define the bases and contours
of 'rights' as created by law. This paper follows an empirical method of
research. Taking the example of changes in Hindu women's position in relation
to property through the rights generated by statutory and constitutional
provisions, the article critically evaluates the potential for such a 'rights
regime' to enable Hindu women's greater access to property. It argues that the
idea underlying a particular claim, its legitimacy and therefore effectiveness
within a legal framework must be critically evaluated.
(Debarati Halder, Jaishankar
Karuppannan, 2008) Hindu
women's legal right to inherit property has been restricted from the earliest
times in Indian culture. This
paper follows an descriptive method of research. In the ancient text Manusmriti, Manu writes: “Her father
protects her in childhood, her husband protects her in youth and her sons
protect her in old age; a woman is never fit for independence.” However, women
were not always excluded from inheriting movable or immovable property from
ancestral and marital families. But their proportion of share in the property
was far less than that of their male counterparts.
(Devendra Damle, Siddharth
Srivastava, 2020) In India, statutes governing individuals
on matters of personal law (marriage, divorce, inheritance, adoption) differ as
per the religion of the individual. This paper follows an empirical method of research. In this framework, matters of
inheritance of property amongst Hindus, Buddhists, Jains and Sikhs are governed
by the Hindu Succession Act, 1956 (HSA). This legislation applies to the
transmission of all assets owned by Hindus.
The efforts, so far, to reform the HSA on this particular matter have
been myopic at best.
(Chandralekha V, 2014) In
India there are no codified or consolidated legal provisions which provide
property right to women. This
paper follows an empirical method of research. It always get determined depending on the religion or
faith or religious school to which she belongs, her marital status and her
place of birth or based on the place of origin. It also depends upon whether
she belongs to tribal group or not. Thus the property matter of every
individual including women is regulated by the personal laws which ever is
applicable to them.
(Snegha R, 2017) In India, the laws controlling people about personal law
(marriage, divorce, inheritance, and adoption) vary according to the person's
faith. This paper follows an
experimental method of research. The Hindu Succession Act, 1956 (HSA), which governs matters of property
inheritance among Hindus, Buddhists, Jains, and Sikhs, is the legal framework
in place at this time. This legislation applies to the transfer of all Hindus'
assets because the HSA stipulates distinct rules for the devolution of property
held by males and women, it discriminates against Hindu women.
(Nishant Mohanty, 2017) This paper focuses on Maintenance received by the husband and
wife in cases like divorce and other such situations. This paper follows an
empirical method of research. Men in India are often victimized by their wives
into paying alimony and maintenance in case of a dispute. Spouse can assert
support from his significant other on the off chance that he is not acquiring
or is debilitated or there is perpetual inability or if the husband can
demonstrate that wife can keep up the requirements of the house and so forth.
(S.Manoj Vasanth, Arulkannappan, 2018) This paper deals with Maintenance of wife under Hindu
Marriage Act. This paper follows an descriptive method of research. The concept
of maintenance aims at putting the wife back to the same position of comfort
and lifestyle as she was at the time when her marriage existed. There is no
fixed amount of maintenance that the husband is liable to pay to his wife, and
it is upon the discretion of a family court to fix the amount of maintenance
that the husband needs to pay either on a monthly basis or in form of a lump
sum.
(Shivamma A, 2018) This research proposes to examine the property rights of Hindu and Muslim
women in their personal laws. This paper follows an empirical method of
research. An attempt has also been made to compare the inheritance rights of
women in their respective personal laws. The chapter also highlights the
drastic reforms brought about in the Hindu women’s right to property by the Hindu
Succession (Amendment) Act 2005 that conferred birthright to Hindu women in the
Mithakshara joint Hindu family property.
(Sindhu Thulaseedharan, 2018) In India, the familial relations of any citizen, including
inheritance, are governed by law related to his or her religion, which came to
be known as personal law. This paper follows an descriptive method of research.
The property rights of Hindu women from the Vedic age reflected that a daughter
was given a share equal to that of a son, who in the later age of smritis (
traditional law) , came to inherit only in the absence of male issue. The
nature of the property of a Hindu woman, stridhanam (woman’s property) thus
came to be distorted from absolute property right to ‘limited estate’ known as
‘woman’s estate’.
(Isis Gaddis Rahul Lahoti Hema Swaminathan, 2020) Women’s property ownership matters
for their well-being and agency; it can also advance economic prosperity and
promote the human development of future generations. This paper follows an
empirical method of research. Yet, until recently, lack of data has constrained
researchers from gaining a comprehensive overview of gender differences in
property ownership in the developing world. Using Demographic and Health Survey
data from 41 developing countries, this paper seeks to fill this gap. The study
finds that there is substantial variation in gender gaps across countries, but
in almost all countries men are more likely to own property than women.
(Adaora Odis, 2021) Divorce is a legal separation of husband
and wife, leaving each other free to remarry. It is also to break off a
marriage legally. This
paper follows a descriptive method of research. Marriage is a state of being legally joined as husband and
wife. A family's social support is one of the major ways that family positively
impacts health. Marriage is associated with physical health, psychological
well-being, and low mortality. Marriage in particular has been studied in the
way it affects health.
(Ramesh Byali, 2022) The humanistic approach
to society and personal morality is at the foundation of the benevolent
maintenance jurisprudence. This paper follows an quantitative method of research. The word "maintain"
comes from the French word "maintenir," and in Latin,
"main" is the same as "manus," which means
"hand," and "tenir," which is the same as
"tenco," which means "to hold," or to lend a hand to
someone who needs it. Food, clothing, shelter, and medical attention are all
included in the definition of maintenance.
(Tanu Gupta, 2022) This
paper examines the impact of the Hindu Succession Act on married women’s time
use in India. This paper
follows an empirical method of research. The Hindu Succession Act was amended between 1976 and 2005
by giving equal inheritance rights to women for inheriting property. To
estimate the effect of the equal inheritance reform, I devise a
difference-in-difference strategy by exploiting the features of the reform.
Using the nationally representative Time Use Survey 2019, I find that women
exposed to the reform are investing 46 minutes per day more in employment.
(Klaus Deininger, Aparajita Goyal,
2022) This paper examines whether and to what extent
amendments in inheritance legislation impact women’s access to physical and
human capital, using disaggregated household level data from India. This paper follows an empirical
method of research. We use
inheritance patterns over three generations of individuals to assess the impact
of changes in the Hindu Succession Act that grant daughters equal coparcenary
birth rights in joint family property that were denied to daughters in the
past. The causal effect is isolated by exploiting the variation in the timing
of father’s death to compare within household bequests of land given to sons
and daughters in the states of Maharashtra and Karnataka.
(Sukanya Mukherjee, 2023) The significant contribution of women in the society has been
in existence since the ancient times. This paper follows a descriptive method
of research. Securing the birth right of women would indicate a better future
on our own end. Though grounds of gender inequality can be enlisted under
different facets, the most tedious one relates to property rights of women. The
inheritance rights in regard to Hindu women are still governed by the age-old
customs of Hindu Law which pulls down the string of development in regard to
the fairer gender.
(Pranshutosh Kumar, 2023) Women in India and other countries have battled for centuries to obtain
their most fundamental rights. This paper follows an empirical method of
research. The right to property is one such privilege. It was assumed that the
daughter would eventually be married and move to a different home in ancient
Hindu society. Therefore, only the male Hindu family members would receive a
share in the event of a partition or split of property. Women would only get
property during marriage (Streedhan) and other auspicious occasions at public
events.
(Neeraj, 2023)
This paper shall examine the history of women's rights under Hindu family law.
There will be a discussion and analysis of many legislative changes and
significant court rulings. This paper follows an empirical method of research.
An overview of Hindu marriage rules, guardianship, and succession will be
included in this course. What impact these have had on mothers, wives,
daughters, and widows? The stances taken by various courts on the rights of
women to marriage, right to maintenance and adoption will also be discussed in
this part.
(Saurabh Tripathy, 2024) India is regarded as a land of women. If we imagine India as
a human form, then it is a form of women. This paper follows a descriptive
method of research. But do the women get a perfect and equal share in the
property of the father or of their biological home? The author of this paper is
trying to answer this question through detailed, research. In India, we say
that we are progressing but are we? In the early times, we consider a girl as
someone else’s responsibility to us. If the girl marries outside the community,
then she is deprived of all the property by the parents.
(Ashwani Kumar, Nitesh Kumar Singh,
2024) Gender inequality in property rights has long been a
matter of struggle for women, especially in India. This paper follows an empirical
method of research. In
traditional Hindu society, daughters were not given a share in property, while
sons were considered the main heirs. The status of women was respectable in the
Vedic period, but they were deprived in terms of property. Mahatma Gandhi was
of the view that there should be legal equality between women and men.
(Kavya Shahi, 2024) The
impact of divorce on inheritance in India is an important issue affecting
children’s rights. This
paper follows an empirical method of research. The legal rights and inheritance rights of children after
their parents’ divorce are regulated by various personal laws and recent
reforms. Children’s rights to their father’s property are generally unaffected
by divorce unless there is a specific order prohibiting them from taking the
property. The father’s personal property belongs to him, and unless the father
dies in the womb, the children cannot claim this property according to their
birthright.
(Kesar R, V. Udayavani, 2024) The
word ‘maintenance’ isn't defined in the Code of Criminal Procedure, 1973. This paper follows a secondary method
of research. Chapter IX of
the Code of Criminal Procedure deals with provisions for maintenance of women,
children and parents, essential conditions for granting maintenance, Procedure
of maintenance, revision of the former order, Enforcement of order of
maintenance etc. Section 125 of the law of criminal procedure provides that any
person having sufficient means to maintain himself cannot refuse the
conservation to the woman, children, and parents if they're unfit to maintain
themselves.
METHODOLOGY
This research follows an empirical
type of research and the sampling method used in this survey is a simple random
sampling method. The sample size is limited to 200 and this analysis is done through SPSS tool to acquire better and more accurate results. The independent
variables are age, gender, marital status, educational qualification, and occupation. This paper also includes various
secondary sources to get through the current issue, but the results will be
focused mainly on the primary data.
DATA AND ANALYSIS
FIGURE 1
LEGEND: Figure 1, represents age and Hindu law
recognition towards women property rights
FIGURE 2
LEGEND: Figure 2, represents age and
women’s right to maintenance
FIGURE 3
LEGEND: Figure 3, represents age and
effectiveness of judicial system
FIGURE 4
LEGEND: Figure 4, represents age and
Hindu law addressing domestic violence
FIGURE 5
LEGEND: Figure 5, represents age and
rating on effectiveness of research
FIGURE 6
LEGEND: Figure 6, represents gender
and Hindu law recognition towards women property
FIGURE 7
LEGEND: Figure 7, represents gender
and women’s right to maintenance
FIGURE 8
LEGEND: Figure 8, represents age and
effectiveness of judicial system
FIGURE 9
LEGEND: Figure 9, represents gender
and Hindu law addressing domestic violence
FIGURE 10
LEGEND: Figure 10, represents gender
and rating on effectiveness of research
FIGURE 11
LEGEND: Figure 11, represents
marital status and Hindu law recognition towards women property
FIGURE 12
LEGEND: Figure 12, represents
marital status and women’s right to maintenance
FIGURE 13
LEGEND: Figure 13, represents
marital status and effectiveness of judicial system
FIGURE 14
LEGEND: Figure 14, represents
marital status and Hindu law addressing domestic violence
FIGURE 15
LEGEND: Figure 15, represents
marital status and rating on effectiveness of research
FIGURE 16
LEGEND: Figure 16, represents
educational qualification and Hindu law recognition towards women property
FIGURE 17
LEGEND: Figure 17, represents
educational qualification and women’s right to maintenance
FIGURE 18
LEGEND: Figure 18, represents educational
qualification and effectiveness of judicial system
FIGURE 19
LEGEND: Figure 19, represents
educational qualification and Hindu law addressing domestic violence
FIGURE 20
LEGEND: Figure 20, represents
educational qualification and rating on effectiveness of research
FIGURE 21
LEGEND: Figure 21, represents
occupation and Hindu law recognition towards women property
FIGURE 22
LEGEND: Figure 22, represents
occupation and women’s right to maintenance
FIGURE 23
LEGEND: Figure 23, represents
occupation and effectiveness of judicial system
FIGURE 24
LEGEND: Figure 24, represents
occupation and Hindu law addressing domestic violence
FIGURE 25
LEGEND: Figure 25, represents
occupation and rating on effectiveness of research
RESULT
In
Figure 1, Most of the respondents
(28.79%) are below 20 years of age and responded yes for Hindu law recognition
for women’s property rights. In Figure 2,
Most of the respondents (28.79%) are below 20 years of age and responded
remarriage as a woman’s maintenance termination. In Figure 3, Most of the respondents (18.94%) belong to the age
category 21 - 30 years and have agreed judicial system effectively adjudicated
women’s property rights. In Figure 4,
Most of the respondents (14.39%) belong to the age category 31 - 40 years and
have neutrally responded to the Hindu law addressing issues of domestic
violence. In Figure 5, Most of the respondents
(13.64%) are above 40 years of age and have rated 6 for the effectiveness of
research. In Figure 6, Most of the
respondents (47.73%) are male and responded yes for Hindu law recognition for
women’s property rights. In Figure 7, Most of the respondents (28.79%) are male
and responded to remarriage as a woman’s maintenance termination. In Figure 8, Most of the respondents
(17.42%) were male and disagreed with the judicial system effectively
adjudicating women’s property rights. In Figure
9, Most of the respondents (21.97%) are female and strongly agreed to the Hindu
law addressing issues of domestic violence. In Figure 10, Most of the respondents (13.64%) are female and have
rated 6 for the effectiveness of research. In Figure 11, Most of the respondents (47.73%) are married and
responded yes for Hindu law recognition towards women’s property. In Figure 12, Most of the respondents
(28.78%) are married and responded remarriage as a woman’s maintenance
termination. In Figure 13, Most of
the respondents (17.42%) are married and disagree with the judicial system
effectively adjudicating women’s property rights. In Figure 14, Most of the respondents (21.97%) are unmarried and
strongly agree to the Hindu law addressing issues of domestic violence. In Figure 15, Most of the respondents
(13.64%) are unmarried and rated 9 for the effectiveness of research. In Figure 16, Most of the respondents
(26.52%) are UG qualified and responded yes for Hindu law recognition towards women’s
property. In Figure 17, Most of the
respondents (27.27%) are UG qualified and responded living in relationship as a
woman’s maintenance termination. In Figure
18, Most of the respondents (21.97%) are HSC qualified and strongly agree
with the judicial system effectively adjudicating women’s property rights. In Figure 19, Most of the respondents
(19.70%) are of no formal education and disagree with the Hindu law addressing
issues of domestic violence. In Figure
20, Most of the respondents (13.64%) are HSC qualified and rated 6 for the
effectiveness of research In Figure 21,
Most of the respondents (28.03%) are privately employed and responded yes for Hindu
law recognition towards women’s property.
In
Figure 22, Most of the respondents (22.73%) are students and responded none for
the woman’s maintenance termination. In Figure
23, Most of the respondents (14.39%) are unemployed and neutrally responded
to the effectiveness of the judicial system in adjudicating women’s property
rights. In Figure 24, Most of the
respondents (14.39%) are unemployed and neutrally responded to the Hindu law
addressing issues of domestic violence.
In
Figure 25, Most of the respondents (13.64%) are students and rated 6 for the
effectiveness of research.
DISCUSSION
Figure 1, the
majority of respondents below 20 years of age support the recognition of
women’s property rights under Hindu Law, indicating a progressive outlook among
younger generations towards gender equality in legal matters. Figure 2, most respondents in the
under-20 age group believes remarriage should terminate a woman’s maintenance,
highlighting a traditional view on marriage and financial obligations, which
may be influenced by cultural norms. Figure
3, A significant number of respondents aged 21-30 feel that the judicial
system effectively adjudicates women’s property rights, suggesting confidence
in the current legal processes and their ability to protect women’s rights. Figure 4, Respondents aged 31-40
offered neutral views on Hindu Law’s handling of domestic violence issues,
indicating mixed perceptions of the law’s effectiveness in addressing such
sensitive concerns, possibly reflecting a need for further reform. Figure 5, among those above 40, most
rated the effectiveness of the research as a 6, showing moderate satisfaction,
possibly due to varying expectations or experiences with the research
methodology and findings. Figure 6, a
significant proportion of male respondents support the recognition of women’s
property rights under Hindu Law, indicating an evolving understanding of gender
equality among men, especially regarding legal rights. Figure 7, Most male respondents believe remarriage should terminate
a woman’s maintenance, reflecting a traditional viewpoint on maintenance
obligations, which may be influenced by conventional views of marriage and
gender roles. Figure 8, Many male
respondents disagree with the effectiveness of the judicial system in
adjudicating women’s property rights, suggesting skepticism or perceived
inadequacies in the legal system’s protection of women’s interests. Figure 9, a majority of female
respondents strongly agrees that Hindu Law effectively addresses domestic
violence, highlighting the increasing awareness and confidence among women in
the legal framework for protecting their rights. Figure 10, Most female respondents rated the effectiveness of the
research as a 6, indicating a moderate level of satisfaction, possibly due to
the relevance of the research to their personal experiences or expectations. Figure 11, a significant portion of
married respondents (47.73%) support Hindu law recognizing women's property
rights, highlighting an awareness of gender equity within legal frameworks. Figure 12, a substantial number of
married respondents (28.78%) believes remarriage terminates a woman’s
maintenance, reflecting traditional views on marital obligations. Figure 13, a considerable group of
married respondents (17.42%) disagrees with the judicial system’s effectiveness
in adjudicating women’s property rights, pointing to concerns about legal
inefficiency or bias. Figure 14, A
notable 21.97% of unmarried respondents strongly agree that Hindu law addresses
domestic violence, suggesting growing confidence in legal protections. Figure 15, among unmarried respondents,
13.64% rated the effectiveness of research at 9, indicating a positive
perception of research efforts. Figure
16, A significant 26.52% of undergraduate respondents agree with Hindu law
recognizing women's property rights, reflecting an understanding of progressive
legal principles. Figure 17, a
notable portion of undergraduate respondents (27.27%) considers living in
relationships as grounds for terminating women’s maintenance, suggesting
adherence to traditional norms. Figure
18, Among HSC-qualified respondents, 21.97% strongly agree with the
judicial system’s role in effectively adjudicating women’s property rights,
indicating confidence in the legal process. Figure 19, among those with no formal education, 19.70% disagree
with Hindu law addressing domestic violence, possibly reflecting limited
awareness of legal protections. Figure
20, HSC-qualified respondents rated the effectiveness of research at 6
(13.64%), suggesting moderate satisfaction or perceived relevance. Figure 21, A significant portion of
privately employed respondents (28.03%) support Hindu law recognizing women’s
property rights, highlighting an understanding of equitable legal frameworks. Figure 22, among students, 22.73%
responded “none” for women’s maintenance termination, possibly indicating a
lack of awareness or engagement with the topic. Figure 23, Unemployed respondents (14.39%) neutrally viewed the
judicial system’s effectiveness in women’s property rights, indicating
uncertainty or lack of strong opinions. Figure
24, similarly, 14.39% of unemployed respondents neutrally responded to
Hindu law addressing domestic violence, signaling ambivalence toward legal
reforms. Figure 25, a portion of
students (13.64%) rated the effectiveness of research at 6, suggesting a
balanced or moderately positive view of research efforts.
LIMITATION
The
limitations of this research include a narrow focus on Hindu Law, excluding
other personal laws in India that also impact women’s rights post-divorce. Data
availability could be a challenge, as access to case law, empirical data, and
firsthand accounts from divorced women may be limited, affecting the depth of
analysis. Additionally, regional variations in the enforcement and application
of laws may not be fully captured. Time constraints may prevent the inclusion
of all recent legal reforms or evolving trends. Lastly, differences in judicial
interpretation across courts could lead to subjectivity in forming universally
applicable conclusions.
CONCLUSION
In
conclusion, this research aimed to analyze the impact of divorce on women's
property rights and maintenance claims under Hindu Law in India, identifying
challenges, evaluating judicial enforcement, and proposing reforms. The
findings show that while Hindu Law offers some protection, women face significant
obstacles, such as societal biases, economic dependency, legal complexities,
and judicial delays, which hinder their ability to access property rights and
maintenance claims. The study suggests strengthening legal awareness, improving
access to legal aid, streamlining judicial processes, and adopting clearer
property division guidelines. It also highlights the need for more effective
enforcement of maintenance orders. Comparing India’s system with those of other
countries suggests potential reforms based on best practices. The future scope
includes further investigation into regional variations, access to legal
resources, and the role of alternative dispute resolution mechanisms. Overall,
empowering women through legal reforms and societal change is crucial to
achieving a more equitable post-divorce system, ensuring women’s financial
security and protection under Hindu Law.
REFERENCE
(Shivamma A, 2018) https://www.researchgate.net/publication/285786324_Property_Rights_of_Hindu_Women_A_Feminist_Review_of_Succession_Laws_of_Ancient_Medieval_and_Modern_India
(Hema Swaminathan, 2020) https://aishwaryasandeep.in/impact-of-divorce-on-inheritance-rights-in-india/
(Adaora Odis, 2021) https://www.worldwidejournals.com/paripex/recent_issues_pdf/2017/October/maintenance-of-husband--wife-a-study-of-hindu-laws_October_2017_6362091849_2305154.pdf
(Tanu
Gupta, 2022) https://www.researchgate.net/publication/350844867_Effects_of_Divorce_on_Women_and_Children
(Klaus
Deininger, Aparajita Goyal, 2022) https://www.researchgate.net/publication/362663500_Research_Paper_on_Law_relating_to_maintenance_in_India_with_special_reference_to_Uniform_Civil_Code
(Pranshutosh Kumar, 2023) https://openknowledge.worldbank.org/server/api/core/bitstreams/a7487402-9d25-588e-9018-44686af15266/content
(Neeraj, 2023) https://www.wider.unu.edu/sites/default/files/Publications/Working-paper/PDF/wp2022-20-women-inheritance-rights-time-use-India.pdf
(Ashwani
Kumar, Nitesh Kumar Singh, 2024) https://landwise-production.s3.amazonaws.com/2022/03/Deininger_inheritance-law-reform-womens-access-to-capital-evidence-from-indias-hindu-succession-act_2010.pdf
[1] Rosy
Kumar, Assistant Professor, Saveetha School of Law, Saveetha Institute of
Medical and Technical Sciences (SIMATS), Email Id:roshiniroju@gmail.com,
Contact No: 8098174415
[2] Praveen
Anandhan, Reg No:- 132301058, B.A LLB.(Hons) 2nd Year, Saveetha School of Law,
Saveetha Institute of Medical and Technical Sciences (SIMATS), Email Id:praveenanandhan10@gmail.com,
Contact No: 8015558755