Marital Property Law: A Prerequisite for Progressive Divorce Reforms in India

Abstract

Various efforts have been taken in India to further the cause of women empowerment in different domains. One such area is that of family law wherein since several decades, progressive divorce reforms are sought. However, as indicated by various socio-economic indicators, the desired level of women empowerment has not yet been achieved. One of the plausible causes for this plight faced by married women is higher economic inequality and uncertainty that they face in comparison to their male counterpart. This is because of the reason that a substantial proportion of married women in India are homemakers, and thus, dependent on their husband for financial sustenance and support. As a result, such women are not able to make informed decisions about the fate of their marriage even when they are stuck in a non-workable or abusive marriage. The present alimony and maintenance laws try to ensure economic stability for women post-divorce, but, such laws are rendered ineffective due to the uncertainty of realized outcome that they pose before the decision to terminate the marriage is actually made. Additionally, there is no marital property law to ensure that women accumulate their due share in property during the tenure of their marriage. The information about one’s own property rights earned during the marriage serves as a crucial decision parameter to make an informed choice about ending a non-fulfilling relationship. In this paper, I argue that the need of the hour is to introduce a marital property regime in India which can work as one of the possible mechanisms to empower women in the true sense.