Is Marriage A Transactional Relationship Or Just An Assumption

Abstract

India is a country that has historically treated marriage as a sacred relationship between two individuals, governed by religion, social belief, and the customs of society. Marriage was traditionally considered an indissoluble bond, rendering concepts such as divorce, separation, and alimony largely absent from the Hindu matrimonial system. However, as society progressed and urbanisation took hold, a more educated populace with differentiated individual ideologies emerged. This has led to a recognisable increase in cases of divorce, mutual separation, and the irretrievable breakdown of marriage. At the same time, despite the enactment of anti-dowry legislation, dowry-related offences continue to rise, while the concept of alimony has become increasingly prominent. This article explores the emerging trends of conflict within marital relationships, the legal framework addressing them, and the steps individuals and institutions may take to address these challenges.

Keywords: Marriage, Divorce, Alimony, Maintenance, Dowry

I. Introduction

Marriage is a socially accepted and legally recognised relationship between two individuals that establishes a set of rules, rights, duties, and responsibilities for both parties. It reflects a sense of companionship, mutual support, and emotional stability. As an institution, marriage is greatly influenced by society, contributing to the formation of social structure and cultural values.

However, the institution of marriage is burdened by several social ills, most notably the practice of dowry, which persists under the guise of gifts and the perceived need to provide for a woman after marriage. Where families of the bride were unable to meet such expectations, the woman was subjected to harassment and cruelty. Conversely, in present circumstances, concerns have also been raised about instances where marriage is used as a means of financial exploitation by either party. What was once considered a divine union has, in certain respects, acquired transactional characteristics.

For the purposes of this article, the focus is confined to the economic dimension of the marital relationship, as it is among the most legally and socially significant issues in contemporary India. The discussion covers four primary types of transactional dynamics observed in modern marriages:

1. Economic Transactions: Marriages often involve the exchange of economic value in the form of money, dowry, property, and financial security.
2. Emotional Transactions: Love, care, and companionship form the emotional core of marriage, with loyalty and mutual sacrifice expected in return.
3. Power Transactions: A contentious dimension of marriage concerns the allocation of authority, decision-making power, and the division of domestic responsibilities.
4. Reproductive Transactions: Marriage has increasingly been analysed through the lens of reproductive expectations, raising concerns about consent and bodily autonomy within the marital relationship.

II. Evolution of Marriage, Divorce, Dowry, and Alimony

Marriage in India can be traced to ancient times, when it was regarded as a religious doctrine, considered sacred and permanent. The concept of divorce was largely irrelevant within this framework, with a greater emphasis placed on family cohesion and social stability rather than individual fulfilment.

A notable shift occurred with the rise of industrialisation, which introduced recognised grounds for the dissolution of marriage, such as cruelty, desertion, and adultery. In India, the concept of divorce underwent significant reform following independence. The Hindu Marriage Act, 1955 was the first legislation to codify grounds for divorce for Hindus. A further amendment in 1976 introduced dissolution by mutual consent as an additional ground.

The concept of alimony evolved alongside marriage and divorce law. Historically, the obligation to pay maintenance rested upon the husband, as women were considered financially dependent. With the expansion of educational and employment opportunities for women, however, the perspective on alimony has evolved, with the earning capacity of the recipient now being a significant factor in its determination.

The dowry system in India evolved from the ancient practice of Stridhan, which referred to voluntary gifts given to a bride by her family upon marriage. Over time, particularly during the medieval period, this voluntary practice transformed into a coercive obligation imposed upon the bride’s family. Failure to meet such demands often led to the harassment, cruelty, and in extreme cases, the death or suicide of the bride. To address these abuses, the Dowry Prohibition Act, 1961[1] was enacted, though its enforcement has remained a persistent challenge.

III. Causes of Dowry and Alimony-Related Problems

Dowry

1. Patriarchal Mindset: Historically, women were regarded as an economic burden on their families of origin. Dowry was viewed as compensation paid to the groom’s family for accepting responsibility for the bride.

2. Custom Turning to Coercion: What originated as a voluntary gift for the bride’s security gradually evolved into a compulsory demand. Non-payment of such demands led to harassment, cruelty, and even death.

3. Undue Pressure on Economically Vulnerable Families: The social compulsion to pay dowry disproportionately affects families in lower economic strata, who may incur debt or mortgage property to fulfil such demands, thereby perpetuating cycles of poverty and exploitation.

Alimony

1. Economic Dependence: In many marriages, one spouse, most often the wife, remains financially dependent due to limited access to employment opportunities or lack of formal education. Following divorce, alimony serves as a financial safeguard against sudden hardship.

2. Compensation for Domestic Contributions: Alimony also serves to compensate a spouse for services rendered in the form of household management, childcare, and emotional support, contributions that, while unpaid, are of significant economic value.

3. Career Sacrifice: Many women are compelled to abandon career aspirations upon marriage in order to manage the household. Alimony recognises the long-term economic impact of such sacrifices on their professional prospects.

IV. Prevalent Problems in Contemporary Marriage

1. Marital Discord and Sexual Incompatibility: One of the recognised causes of marital strain is dissatisfaction within the intimate dimension of the relationship. Issues of consent, compatibility, and unspoken expectations can contribute significantly to marital breakdown.[2]

2. Changing Gender Roles: Traditional marital roles assigned men the role of breadwinner and women the role of homemaker. The increasing participation of women in the workforce has disrupted these structures, creating friction in marriages where traditional expectations persist.

3. Work-Life Imbalance: Extended working hours, professional pressures, and the demands of an always-connected work environment have led to emotional disconnection and a lack of communication between spouses, often resulting in isolation within the marriage.

4. Domestic Violence and Emotional Abuse: Despite legal protections, domestic violence (both physical and psychological) remains one of the most pressing marital issues. Emotional abuse and controlling behaviour continue to be recognised as serious grounds for marital breakdown and legal intervention.

5. Inter-Caste and Inter-Community Marriages: While social attitudes are progressively evolving, inter-caste and inter-community marriages continue to face resistance from families and communities. Such opposition can result in social isolation and tension, adversely affecting marital harmony.

6. Late Marriages and Adjustment Difficulties: While delaying marriage may benefit career and personal development, individuals accustomed to independent lifestyles may encounter difficulties adjusting to shared marital life, potentially reducing tolerance and adaptability within the relationship.

V. Case Analysis: Recent Judicial Trends

Satvir Singh v. State of Punjab (2001)[3]

Tejinder Pal Kaur, who was married to Satvir Singh, attempted to end her life by throwing herself before a train; she survived. She alleged persistent cruelty and repeated dowry demands by her husband and in-laws.

The central legal questions before the court were: (i) whether Section 306 of the Indian Penal Code (abetment of suicide) could be applied where the victim merely attempted suicide but did not die; and (ii) whether Section 304B (dowry death) could apply where the victim survived, and where the alleged harassment had occurred several months prior to the incident.

The Supreme Court held that an offence under Section 306 requires the commission of suicide, and that a mere attempt does not satisfy this requirement. With respect to Section 304B, the court noted that since no death had occurred, the provision was inapplicable. Furthermore, the court found that the dowry demands alleged were too remote in time to satisfy the statutory requirement of harassment “soon before her death.” The conviction under Section 498A (cruelty) was, however, confirmed, with a sentence of two years’ imprisonment, which Satvir Singh had already served. The sentences of the other accused were reduced accordingly.

This case is of significant precedential value for its clarification of the temporal requirement under Section 304B, the necessity of a completed suicide for Section 306, and the independent applicability of Section 498A even in the absence of death.

Mohd. Ahmed Khan v. Shah Bano Begum (1985)[4]

Shah Bano was divorced by her husband, Mohd. Ahmed Khan, an advocate, in 1978 by way of triple talaq, after approximately 43 years of marriage. He had initially paid her ₹200 per month as maintenance but ceased payments after providing her mehr. She filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance of ₹500 per month. The trial court awarded ₹25 per month; she appealed to the High Court and subsequently to the Supreme Court. Ahmed Khan contended that under Islamic personal law, his liability for maintenance was limited to the period of iddat and that payment of mehr discharged all further obligations.

The issues before the court were: (i) whether Section 125 of the CrPC applied to Muslim women, thereby overriding personal law; (ii) whether a divorced Muslim woman fell within the definition of “wife” under Section 125; (iii) the extent of the husband’s post-divorce maintenance obligation; and (iv) whether the court should give effect to Article 44 of the Constitution of India, which directs the State to endeavour to secure a Uniform Civil Code.

The Supreme Court held that Section 125 CrPC applies to all citizens regardless of religion, and that personal law cannot override a secular statute of general application. The court further held that a divorced Muslim wife who is unable to maintain herself is entitled to maintenance from her former husband beyond the period of iddat and beyond the amount of mehr. The court also noted the continued neglect of Article 44 and urged Parliament to consider enacting a Uniform Civil Code.

The court granted Shah Bano maintenance of ₹179.20 per month. Parliament subsequently enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986, though the Supreme Court’s affirmation of CrPC rights for Muslim women was upheld in subsequent judicial interpretation.

VI. Steps to Address Marital Problems

1. Promoting Gender Equality: Equal rights and responsibilities should be recognised within the marital relationship. Financial decisions, household responsibilities, and future planning should be approached collaboratively, and patriarchal attitudes that create power imbalances should be actively addressed.

2. Pre-Marital Counselling: Both prospective spouses should be encouraged to undergo pre-marital counselling to enhance mutual understanding, align expectations, and develop awareness of their respective legal rights, financial responsibilities, and approaches to conflict resolution.

3. Work-Life Balance: Couples should consciously allocate time for each other despite professional commitments, avoid excessive work pressure and digital distraction, and maintain emotional presence during difficult periods in order to strengthen marital bonds.

4. Financial Transparency: Open communication regarding income, debt, savings, and expenditure is essential to reducing financially motivated conflict. Joint financial planning and shared budgeting can help build trust and reduce economic stress within the marriage.

5. Addressing Domestic Violence Promptly: A zero-tolerance approach to domestic violence (whether physical, emotional, or economic) is essential. Victims should be encouraged to seek legal relief without delay through the appropriate judicial forums.

6. Sex Education and Open Communication: Open discussion of consent, compatibility, and emotional intimacy, free from social taboo, is important to fostering a healthy and respectful marital relationship.

VII. Conclusion

The institution of marriage in India has undergone a profound transformation. What was historically regarded as a sacred and indissoluble union has, in many contemporary contexts, acquired characteristics of a transactional relationship, shaped by competing economic interests, shifting social norms, and evolving individual expectations. The persistent prevalence of dowry-related offences, alongside the increasing prominence of alimony disputes, reflects the unresolved tension between traditional marital norms and the demands of a modernising society.

The cases of Satvir Singh v. State of Punjab (2001) and Mohd. Ahmed Khan v. Shah Bano Begum (1985) illustrate the manner in which the Indian judiciary has sought to address marital injustice within the existing legislative framework, affirming the rights of vulnerable spouses while delineating the precise scope of statutory protections. These decisions underscore the importance of legal clarity, timely intervention, and equitable interpretation in navigating marital disputes.

Ultimately, the preservation of marriage as a meaningful institution requires not merely legal reform, but a collective commitment by individuals, families, and communities to the values of respect, equality, and mutual responsibility. It is the moral and social obligation of all stakeholders to ensure that this foundational institution does not deteriorate into a vehicle for exploitation.

References

[1] Dowry Prohibition Act, No. 28 of 1961, INDIA CODE (1961).
[2] A.D.S. Sushmita Singh, “Editorial,” Indian Journal of Mental Health, vol. 9, no. 4 (2022), available at https://indianmentalhealth.com/pdf/2022/vol9-issue4/3-Editorial.pdf (last accessed Jan. 23, 2026).
[3] Satvir Singh v. State of Punjab, (2001) 8 SCC 633 (India), available at https://indiankanoon.org/doc/1521945/ (last accessed Jan. 24, 2026).
[4] Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556 (India).