If Dowry Is Illegal, Why Is Alimony Still Acceptable? Should Working Women Receive Financial Support After Divorce?

Recently, cricketer Yuzvendra Chahal and Dhanashree Varma's divorce made headlines across the country. However, what is more talked about on the internet is not the divorce but the alimony money paid by the cricketer to his estranged wife. Dhanashree writes her bio on Instagram as "Actor, Choreographer, and Doctor." According to Yuzvendra's lawyer, the divorce was finalized, and the cricketer will give 4.75 crore in alimony, out of which 2.37 crore has already been paid.

Just like Dhanashree, others like Shikhar Dhawan, Hrithik Roshan, Saif Ali Khan, Aamir Khan, and Farhan Akhtar among many others paid a hefty money as alimony to their ex-wives when they decided to part ways. The alimony paid is not a small amount, they go in crore. Dhanashree, who is successful in her own right and an independent working woman, raises questions among many—should an independent working woman receive alimony?

The discussion is not only about the alimony, but their divorce has reignited a crucial conversation—why is alimony justified when dowry is illegal? Both involve one party unfairly paying the price for a relationship that didn't work out. Yet, society labels one as oppression and the other as justice. One wonders if women are educated, independent, and capable, then why should men be forced to fund their ex-wife's lifestyle post-divorce? "If equality is truly the goal, then either abolish both dowry and alimony or accept both as part of the same system. Why the double standards?" wrote a LinkedIn user named Ishan Agarwal.

Content strategist Yashaswi counters, stating that the key difference between dowry and alimony lies in consent and fairness. In Indian society, the bride's family is often expected to bear the entire wedding expenses, which can range from 20-40 lakhs for a middle-class family. On top of it, the family needs to give gold and other items as part of custom. "Post-separation, however, societal judgment weighs heavily on women, often shaming them while men face less scrutiny. Alimony exists to ensure financial security for a spouse who may have sacrificed career opportunities for the marriage. Unlike dowry, it is need-based and legally determined, not an arbitrary demand," says Yashaswi.

Is the System Consistent?

In India, the practice of dowry has long been declared illegal due to its exploitative nature. Yet, the legal system upholds alimony—a financial support mechanism for spouses post-divorce. Looking at this dichotomy, one wonders, especially when considering financially independent women without children: Is it consistent to reject dowry while accepting alimony? And does this stand on any grounds when we talk about equality?

The Dowry Prohibition Act of 1961 criminalises the giving or receiving of dowry, defining it as any property or valuable security given directly or indirectly in connection with a marriage. The Act was instituted to combat the age-old practice of dowry, which often led to financial burdens on the bride's family and, in extreme cases, to harassment and violence against women. Despite the law, the practice continues as part of tradition.

Alimony, on the other hand, is a legal obligation in response to the dissolution of marriage. This financial support from the groom is intended to provide financial security to the spouse who is unable to maintain a similar standard of living post-separation. Section 125 of the Criminal Procedure Code and personal laws applicable to different religions uphold the right to maintenance. The primary objective of the provision is to ensure that the spouse is not left without any means of support after divorce.

Yuzvendra Chahal will give 4.75 crore in alimony to his ex wife Dhanashree Verma (ETV Bharat)

The Thin Line Between Tradition and Legal Obligation

Traditionally, alimony was conceived to support non-earning spouses. However, with the increasing participation of women in the workforce, courts have had to adapt to changing social dynamics. "In cases where both spouses are employed and earning comparable incomes, the rationale for alimony is declined," says Advocate Abdul Mujeeb.

A recent unfortunate case of Atul Subhash, a 34-year-old engineer who committed suicide due to alleged harassment by his estranged wife and her family, also brought the spotlight to the alimony amount that the wife quoted: about three crore. In another case, the Hon'ble Bench of the Supreme Court ordered the final settlement of a particular amount of alimony. The petitioner's wife wasn't ready to settle. That irritated the SC bench; it said it was going to dismiss the whole petition, and the wife would have to return the amount she had taken as part of alimony; both parties would need to contest the divorce case in family court. This made the petitioner's wife rethink, apologise, and agree to finish the matter.

This hints at how divorce and alimony matters are being misused to extort extra money, stretching litigations to harass the husband and his family while depriving needy women of their rights. In another recent matter in the Supreme Court, the Bench of Justice Vikram Nath and Justice Prasanna emphasised a few points in their order. The Bench made it clear that the purpose of giving maintenance to the wife was not to harass the husband. "We want the wife and children to live a respectable life."

The distinction between dowry and alimony lies in their intent and application. Advocate Subhash Dubey says, "Dowry is a precondition for marriage, which leads to the commodification of women and adds to gender inequality. Alimony, on the other hand, is a post-marital provision to ensure financial stability for a spouse who may be disadvantaged by the dissolution of marriage." While the legal provision makes it clear and flexible for women to live dignified lives after the dissolution of marriage, awarding alimony to a working and independent woman without children seems contradictory to the principles of equality.

When Does Alimony Become Unfair?

Critics question why a woman who is capable of supporting herself should receive additional financial support from her ex-husband unless she has children. Anita Sharma, a jewelry designer who received alimony after her divorce, says, "I was earning well but had taken career breaks to support my husband when he relocated to another city. My mother-in-law removed all maids from the house after my marriage. I had to manage work as well as home, including cleaning and cooking. My health deteriorated, and then I found out that my husband was cheating on me. The alimony wasn't just about the money; it was recognition of the personal and professional sacrifices I made."

Mihir Patel, who had to pay alimony to his estranged banker wife, says, "I respect my ex-wife's contributions and sacrifices, and I agreed to pay a certain amount, but she dragged the case for three years. Ultimately, she settled for the same amount I initially offered, but it was harassment, and my family suffered a lot because of our disputes."

The debate over alimony is multifaceted, touching upon legal principles as well as individual circumstances. However, as more women achieve financial independence, it is crucial to reassess alimony's role to ensure equality and fairness. "Alimony to working women without children should be carefully evaluated to avoid any financial burden on men. But women with children should receive fair amount to rear the children," says Advocate Saxena.

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