Rethinking Spousal Property Division In Hindu Marriage: A Critical Analysis Of The 1955 Act

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Divya Thakur, Research Scholar, Faculty of Law, Himachal Pradesh University, Summer Hill, Shimla, Himachal Pradesh

Dr. Suman Vimal, Assistant Professor, University Institute of Legal Studies, Ava Lodge, Chaura Maidan, Shimla, Himachal Pradesh

ABSTRACT

This research paper critically examines the evolving landscape of spousal property division under the Hindu Marriage Act, 1955, highlighting the urgent need for legislative reform in contemporary India. The study begins by analyzing the historical context of Hindu personal law codification and its impact on matrimonial property rights. Through a comprehensive examination of the definitional challenges surrounding matrimonial property in Hindu law, the research reveals significant gaps in the current legislative framework. The paper explores the judicial interpretation of property rights in marriage, demonstrating how courts have attempted to bridge legislative gaps through progressive interpretations, particularly in protecting women's economic interests post-divorce.

A critical analysis of landmark judgments reveals the judiciary's efforts to adapt traditional Hindu law concepts to modern socio-economic realities, while highlighting the limitations of such judicial activism in the absence of clear statutory provisions. The research particularly focuses on the inadequacies of the current legal framework in addressing complex property division issues, especially concerning working women's contributions, inherited property, and joint family assets. Through this analysis, the paper argues for comprehensive legislative reform to establish clear guidelines for spousal property division, suggesting the incorporation of modern principles of economic justice and gender equality. This study contributes to the ongoing discourse on modernizing Hindu personal law while balancing traditional values with contemporary needs for equitable property division in marriage.

Keywords: Hindu Marriage Act, Matrimonial Property, Spousal Rights, Property Division, Judicial Interpretation, Legislative Reform, Gender Justice

RETHINKING SPOUSAL PROPERTY DIVISION IN HINDU MARRIAGE- A CRITICAL ANALYSIS OF THE 1955 AC.

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