The Development of Maintenance of Hindu Married Women: Legal and Religious Perspective

Abstract

The concept of maintenance for Hindu married women has undergone a significant evolution, shaped by both religious injunctions and legal codification. Traditionally, Hindu law, as interpreted from Dharmashastra texts, emphasized the husband’s duty to provide sustenance to his wife, irrespective of her conduct or economic condition, though with certain restrictions rooted in patriarchal norms. Over time, colonial codification and judicial interpretation redefined these principles, balancing religious doctrines with emerging notions of justice and equality. Post-independence reforms, particularly the codified provisions undertheIndia’s Hindu Marriage Act, 1955, and Hindu Adoptions and Maintenance Act, 1956, expanded the scope of a wife’s right to maintenance, while in Bangladesh, reliance on uncodified Hindu personal law has created complexities in ensuring uniform protection. This article explores the historical development of maintenance from ancient Hindu religious texts to modern statutory frameworks, examining how courts have reconciled traditional norms with constitutional ideals of gender justice. It highlights comparative perspectives between India and Bangladesh, identifies persisting challenges such as the lack of codification in Bangladesh, and underscores the need for harmonizing religious traditions with contemporary legal standards to safeguard the socio-economic rights of Hindu married women.