THE INTERPLAY BETWEEN FAULT GROUNDS OF DIVORCE AND MAINTENANCE UNDER HINDU MARRIAGE ACT, 1955

Abstract

This research paper explores the complex interplay between fault grounds of divorce and maintenance under the Hindu Marriage Act, 1955. The Act provides for the dissolution of marriage on certain grounds, including fault grounds such as adultery, cruelty, and desertion, and also allows for the grant of maintenance to the spouse. However, the application of fault grounds in divorce proceedings can significantly impact the grant of maintenance, leading to conflicting judicial decisions and uncertainty for litigants. The paper delves into the historical context of divorce under Hindu law, tracing its evolution from ancient times to the modern era, and examines the introduction and impact of the Hindu Marriage Act, 1955. The paper further discusses the various fault grounds for divorce under the Act and their implications for maintenance claims, highlighting key court cases and legal principles. The paper also explores the socio-cultural factors influencing judicial decisions in India, including patriarchal attitudes, gender stereotypes, and the stigma of divorce, and their impact on maintenance claims and divorce proceedings. The paper concludes by emphasizing the need for reforms to dissociate the binary fault-based mindset from maintenance determinations and prioritize need, dependency, and harm-mitigation over moralistic punishment, in order to progress towards an equitable gender-just order.