DOMESTIC VIOLENCE, MAINTENANCE, AND WOMEN’S RIGHTS: A CROSS-PERSONAL LAW PERSPECTIVE IN INDIA
DOMESTIC VIOLENCE, MAINTENANCE, AND WOMEN’S RIGHTS: A CROSS-PERSONAL LAW PERSPECTIVE IN INDIA Ms. Palak Jha, 3rd Semester, Student at IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.131 Domestic violence and women’s right to maintenance constitute two deeply interlinked dimensions of gender justice in India. Despite substantial legal reforms and constitutional guarantees, Indian women continue to face systemic inequalities rooted in the coexistence of personal laws that differ across religious lines. The Protection of Women from Domestic Violence Act, 2005 represents a secular legislative attempt to address intimate partner violence and ensure protection, residence, and maintenance rights. However, this uniform civil protection contrasts sharply with the diverse personal laws that regulate marriage, divorce, and post-marital support within distinct religious communities, Hindus, Muslims, Christians, and Parsis. This research paper examines the structural, constitutional, and judicial complexities that arise from this pluralistic legal framework. It examines how personal laws intersect with constitutional principles of equality, dignity, and non-discrimination, and the extent to which Indian courts have harmonized religious autonomy with gender justice. Through doctrinal and analytical methodologies, the study reviews statutory provisions, landmark judgments, and scholarly literature to evaluate whether the Indian legal system has achieved substantive justice for women or continues to entrench religious and gender hierarchies. The paper argues that while progressive judicial interpretations, particularly in Mohd. Ahmed Khan v Shah Bano Begum, Danial Latifi v Union of India, and Indra Sarma v V K V Sarma have advanced the cause of women’s rights within a constitutional framework; however, the absence of uniformity across personal laws continues to limit the effectiveness of these protections. The study concludes that only through harmonization of personal laws within the constitutional fabric can India fulfil its commitment to gender equality and human dignity.