CALL NOW +91 – 8800110989 Introduction
The sole relationship in our culture that keeps individuals and families together is marriage. While a lot of marriages are happy and successful, some can also be fearful and challenging. Women often find it difficult to speak up or take action in the face of marital injustices. A married lady must be quite informed of her legal rights. As a result, we are providing you with a thorough overview of the legal rights that an Indian married woman is guaranteed.
Right to Matrimonial Home
The rights of a wife to live in the marital home is another legal advantage a wife has over a husband. A woman has the right to live there, regardless of who owns the property—the husband, the in-laws, or if it’s rented out. Even if domestic abuse procedures are still pending, access to the marital residence during a separation cannot be restricted. In a 2020 case law, the Honorable Supreme Court provided the same explanation when interpreting the Protection of Women from Domestic Violence Act, 2005.
Rights of a Wife to Property
According to the 2005 Amendment of the Hindu Succession Act, 1956, a daughter has an equal right to inherit her father’s property regardless of her marital status. Additionally, a woman is only legally entitled to inherit the assets of her ex-husband if he didn’t make a will specifically excluding her. The first wife also has the right to all of the husband’s property if he marries again without formally divorcing the first spouse.
Right to Report Domestic Violence
If a woman experiences domestic violence, including acts of physical, mental, sexual, economic, and other mistreatment, she may file a complaint against her spouse and family under the Protection of Women Under Domestic Violence Act, 2005.
The Protection of Women from Domestic Violence Act, 2005 serves as a barrier against all kinds of mistreatment and prejudice against India’s patriarchal mentality. The Act allows individuals to request protection orders by notifying protection officers. Additionally, one can apply for government jobs by submitting an application. The injured party may also use counseling or medical services. The victim may also be assured of separate residence orders or maintenance orders.
Right to Abortion
Without her husband’s or family’s consent, a woman has the rights of a wife to terminate a pregnancy. A woman may end her pregnancy up to 24 weeks at any moment under the terms of the Medical Termination of Pregnancy Act, 1971. In view of unique instances, the Indian court also permits women to abort their fetuses after 24 weeks.
Women have complete control over their own bodies. She is entitled to an abortion and to the care of her own body. Although it should be highlighted that marriage includes conjugal rights, the long-debated issue of marital rape remains unclear. But a woman’s right to the body also includes the freedom to forbid having unnatural sex with her husband.
Right to Divorce
A divorce is a traumatic event that Indian society despises. To remove oneself from spousal trauma or to mutually separate from one’s partner, it is a very important skill. A woman needs to be aware of her legal alternatives and rights of a wife in order to defend herself from what was supposed to be a sacred relationship.
Section 13 of the Hindu Marriage Act of 1995 permits women to lawfully obtain a divorce without the husband’s approval in cases of infidelity, cruelty, physical and emotional abuse, and more. Women may be entitled to maintenance payments for both themselves and their children under Section 125 of the Indian Penal Code, particularly if the husband makes more money.
Right to seek Maintenance and Alimony
Alimony can be defined as: The financial support that a person is required to provide for their spouse durng a separation or after a divorce by a court.
and maintenance denotes unconditional financial assistance with a person’s living costs.
According to the Hindu Marriage Act of 1955 and the Code of Criminal Procedure of 1973, a woman who is financially reliant on her husband for her essential costs may seek maintenance. A woman has the right to maintenance even after divorce and before entering into a second marriage. A woman’s alimony rights in a divorce in India might be either a one-time payment or a monthly distribution, depending on the court’s decision.
It should be mentioned that maintenance payments are made regardless of gender. If the husband is reliant on his wife for survival, the wife may even pay the husband’s upkeep.
Dowry Prohibition and Harassment
Dowry harassment refers to the abuse of a wife by a husband or members of his family in exchange for money, property, or other valued possessions. Despite being a criminal offense, it is nonetheless common in many rural areas of India.
Under the Dowry Prohibition Act of 1961, dowry harassment is punishable by fines.
Section 3: A minimum 5-year prison term, either with or without a fine, is imposed on anyone who takes or distributes dowry.
Section 4: The offender who even makes a dowry demand is subject to a 6- to 5-year prison sentence, with or without a fine.
This is a cognizable offense that is not punishable by bail under Section 8 of the Dowry Act.
According to Indian Penal Code, 1980 Section 304(b), the individual who is found guilty of the death of the lady who was allegedly killed for dowry shall be sentenced to imprisonment for a period ranging from seven years to a lifetime.
According to Section 498(a), the perpetrator of the harassment and cruelty towards the lady may face up to three years in prison or a fine.
Conclusion
The claim that laws are slightly biased in favor of women cannot be refuted after examining all the legal privileges granted to Indian women after marriage. The reason for this is that regulations for married women in Indian society frequently require a woman to give up her personal identity when she marries. But a woman should stand up for herself and empower herself if no one else would, for all the right reasons.
What is your legal right as a wife?
As a wife, general rights given under the Indian Penal Code are marriage recognition, support from spouses, right to property, right to make medical decisions, right to inheritance, and child custody and visitation.
What are the rights of the wife over the Husband in India?
Equality, Mutual Support, Financial rights, Communication and decision-making, Safety, and well-being are some of the rights of a wife over her husband.
What cases can a wife file against her husband?
Some common cases that a wife can file against her husband are Divorce, Domestic Violence, Separation, Child Custody, and Support, Property Division, and Maintenance and Alimony.
