Marriage as a Partnership: Understanding Equality, Shared Responsibilities and Modern Family Dynamics

Context

A recent ruling by the Delhi High Court recognises homemaking as real labour that shapes financial rights within marriage. The judgment rejects the notion that a non-earning spouse is economically inactive.

Key observation by the court

• The court noted that a homemaker does not “sit idle.” Managing the household, raising children, and supporting the earning spouse are forms of unpaid labour that sustain family stability.
• The court drew a clear line:
  • Educational qualifications ≠ proof of income.
  • Theoretical employability cannot justify denial of maintenance.
  • Long career breaks create real barriers such as outdated skills and weaker networks.

Legal framework

Maintenance therefore ensures a dignified and reasonably comparable standard of living after separation.

Maintenance claims arise mainly under:

• Section 125 of the Code of Criminal Procedure (now Section 144 of BNSS)
• Protection of Women from Domestic Violence Act, 2005

Marriage as an economic partnership

The court framed marriage as a partnership where:

• One spouse may earn in the market.
• The other sustains the domestic sphere.
• Both contributions together create household stability.

Marriage as a social institution

• It is a socially recognised and legally sanctioned relationship that helps sustain and continue the family system. In India, marriage remains a nearly universal institution embedded in cultural traditions.
• The institution of marriage has undergone significant transformation, particularly after Independence.
  • While core religious beliefs linked to marriage largely persist, many customs, practices, and patterns have evolved.

Structural and functional changes in the marriage system

• Change in the Aim and Purpose: Traditionally, marriage was viewed primarily as a fulfilment of dharma or social duty.
  • In contemporary society, however, the emphasis has shifted toward lifelong companionship, emotional support, and mutual partnership between spouses.
• Change in the Form of Marriage: Earlier practices such as polygamy and polygyny have been legally prohibited in India.
  • Monogamy is now a dominant and legally accepted form of marriage.
• Change in Age at Marriage: Legal norms currently fix the minimum marriageable age at 21 years for men and 18 years for women.
  • Over time, the average age at marriage has increased, and child and pre-puberty marriages have largely declined, giving way to post-puberty marriages.
• Rise in Divorce and Desertion: More liberal divorce laws have contributed to a gradual rise in divorce and separation, especially in urban areas.
  • Factors such as growing economic independence and greater exposure to global social norms through the internet have influenced attitudes toward marital stability.
• Growth of Live-in Relationships: Live-in relationships are increasing, particularly among urban youth. In 2010, the Supreme Court of India clarified that consensual cohabitation between adults is not an offence and falls within the protection of Article 21 (Right to Life and Personal Liberty).

The Court has also recognised that children born from such relationships are legitimate and entitled to property rights under Section 16 of the Hindu Marriage Act.

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