“A LEGAL DILEMMA BETWEEN FINANCIAL INDEPENDENCE AND ENTITLEMENT, FOR ALIMONY IN WORKING WOMEN”

“A LEGAL DILEMMA BETWEEN FINANCIAL INDEPENDENCE AND ENTITLEMENT, FOR ALIMONY IN WORKING WOMEN”

“A LEGAL DILEMMA BETWEEN FINANCIAL INDEPENDENCE AND ENTITLEMENT, FOR ALIMONY IN WORKING WOMEN”

AUTHORS – SUJA J* & RAMHAAREDDI S**

* BALLB (HONS), LLM CHENNAI DR. AMBEDKAR LAW COLLEGE PUDHUPAKKAM

** BA. LLB , LLM  CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM.

BEST CITATION – SUJA J & RAMHAAREDDI S, “A LEGAL DILEMMA BETWEEN FINANCIAL INDEPENDENCE AND ENTITLEMENT, FOR ALIMONY IN WORKING WOMEN”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 690-696, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Alimony, traditionally conceived as a means of financial protection for women after the dissolution of marriage, has become a subject of renewed debate in light of women’s growing participation in the workforce and increasing economic independence. The dilemma lies in balancing the principle of entitlement to maintenance, which arises from the marital bond, with the reality of financial independence achieved by many women today. Indian legal provisions under the Code of Criminal Procedure, the Hindu Marriage Act, and allied statutes recognize a woman’s right to claim maintenance, while judicial interpretations have sought to balance necessity, fairness, and dignity. Recent case law demonstrates a shift from unconditional entitlement to a more nuanced evaluation of factors such as earning capacity, standard of living, wage disparity, and caregiving responsibilities. This paper critically examines the legal and social complexities of alimony for working women. It argues that while financial independence may reduce dependency, socio-economic inequalities and the invisible burden of unpaid care work continue to justify maintenance in many cases. The study concludes that a contextual, case-specific approach, guided by principles of equity and gender justice, is necessary to reconcile the tension between financial independence and entitlement in contemporary family law. By examining statutory provisions, case law, and feminist jurisprudence, the study highlights the necessity of striking a balance between entitlement and autonomy to achieve justice in matrimonial disputes.