Protection Or Prejudice? A Critical Analysis Of Gender Bias In Divorce
- IJLLR Journal
- Dec 4, 2025
- 1 min read
Deepika Gorai, Birla Global University
ABSTRACT
The paper critically examines whether the divorce and family laws of India, enacted to protect women, still serve the purpose to achieve that goal or have evolved into systems that occasionally disadvantage men. The security and welfare of women are given priority in laws such as Section 125 CrPC, Sections 24 and 25 of the Hindu Marriage Act, and the Domestic Violence Act. Issues encountered issues when examining recent rulings and real-life examples of divorced couples, where courts frequently grant maintenance to women without thoroughly examining men's earnings. These outdated laws are often out of balance because more women are working and splitting household expenses. Since fairness should come from needs rather than gender, the report suggests making the regulations gender-neutral, gathering information before making choices, and treating both parties equally.
