Abstract

Matrimonial property laws in India are divided along religious lines, leading to significant disparities in spousal rights and inadequate financial safeguards for women. The personal legal systems applicable to different religious communities—such as those followed by Hindus, Muslims, Christians, and Parsis—vary significantly in how they acknowledge a woman’s role within the marital relationship, frequently overlooking unpaid domestic work. As a result, many women face financial insecurity following divorce or the death of a spouse, despite their essential contributions to the household. The Indian Constitution's Article 44 aims to establish a Uniform Civil Code for marriage property, promoting gender neutrality and transcending religious borders. Treating marriage as a cooperative economic venture can promote equitable property distribution and uphold constitutional values of equality and non-discrimination. Recent developments at the state level provide practical models for reform. Goa’s Portuguese-influenced civil code enforces a community property regime and equal inheritance. Uttarakhand’s UCC Act, 2024, introduces joint ownership of marital property and abolishes gendered coparcenary rights. Maharashtra’s legislative proposal further signals growing political momentum for uniform civil law reform. Even though there are expected challenges like cultural resistance, political issues, and complex administration, a well-planned system for handling property in marriage can help. It should be based on constitutional principles and learn from new state-level examples. This system can bridge the gap between promises of equality in the constitution and people's real-life economic situations. The goal is to secure equal rights for couples, regardless of faith, and promote gender equality in India's civil laws.

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