“IF DOWRY IS ILLEGAL, WHY IS ALIMONY STILL ACCEPTABLE? A CRITICAL LEGAL INQUIRY”
AUTHOR – KOMAL DIMANA, 2ND YEAR LAW STUDENT AT GOKUL GLOBAL UNIVERSITY, SIDDHPUR, DEPARTMENT OF LAW
BEST CITATION – KOMAL DIMANA, “IF DOWRY IS ILLEGAL, WHY IS ALIMONY STILL ACCEPTABLE? A CRITICAL LEGAL INQUIRY”, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 286-295, APIS – 3920-0007 | ISSN – 2583-7230.
Abstract
This research paper analytically examines the evident paradox between the illicitness of dowry and licit acceptance of alimony in the society and Indian legal system. Although both involve the transfer of money or property in the context of marriage, dowry is criminalized under the Dowry Prohibition Act, 1961[1] due to its abusive and patriarchal nature. In contrast, alimony is legally approved as financial support provided to a wife after divorce or separation which is intended to ensure economic justice and to prevent financial hardship[2].
The study here explores the historical, legal and social foundations of both concepts, highlighting key differences in intent, timing and legal rationale. It delves into gender dynamics, societal expectations, and economic dependency questioning whether alimony in practice, sometimes perpetuates the same inequalities that dowry laws aim to eliminate[3].
Through a comparative analysis of legal frameworks, case law, and socio-cultural narratives, the paper seeks to clarify the distinction between dowry as a social evil and alimony as a protective legal remedy while also addressing public misconceptions and potential misuse[4] of alimony provisions. The research concludes by recommending legal and policy reforms to ensure that both dowry and alimony are understood and applied in ways that promote gender equality, justice and dignity for all parties involved.
India criminalized dowry with the passage of Dowry Prohibition Act 196386386. This act made the giving or taking of dowry illegal, and it also addresses issues related to dowry demands, harassment and deaths. And in courtrooms, across India, husbands are still ordered by court to pay lakhs and crores in alimony to their ex-wives after divorce[5]
Key Words: Dowry, Alimony, Marital laws, Gender justice, Legal disparity, Matrimonial remedies
[1] Dowry Prohibition Act, 1961. (1961). Government of India. Retrieved from https://indiankanoon.org/doc/529323/
[2] Hindu Marriage Act, 1955. (1955). Sections 24 & 25 – Maintenance Provisions. Retrieved from https://indiankanoon.org/doc/60394/
[3] UNDP. (n.d.). Gender Equality Index Reports. https://hdr.undp.org/
[4] Law Commission of India. (2018). 277th Report on Alimony and Maintenance. https://lawcommissionofindia.nic.in
[5] Supreme Court of India. (2025, June 12). SCC Online. https://www.scconline.com/blog/post/2025/06/12/divorced-not-remarried-womans-permanent-alimony-ehanced-supreme-court-legal-news-scc-times/