CALL NOW +91 – 8800110989 Marriage is an important ritual of commitment and consent in India and the place where both a couple stay together after their marriage is known as a Marital home. A married woman has the right to live in the house of her husband. The woman cannot be kicked out of this house because it becomes her marital home.
Similarly, when the lady is self-effective (intellectually, monetarily, and so on.) if she has good reason to want to leave her husband’s house, she is free to do so and cannot be compelled to do so.
Right to Matrimonial Home:
Under the Protection of Women from Domestic Violence Act of 2005, it is the implied right of a woman to live in her marital home after their marriage. A woman cannot be expelled from her marital home. The right of women to share a home is safeguarded by Section 17 of the 2005 Protection of Women from Domestic Violence Act.
According to the Protection of Women from Domestic Violence Act of 2005, every woman in a domestic relationship has the right to live in the shared household. The statement holds values despite the fact that the wife may or may not have the required rights or title. This is the case regardless of anything that is contained in any other law that is currently in effect.
The respondent is only allowed to evict or exclude the aggrieved person from the shared home or any part of it in accordance with the legal process.
Right to Property:
If the property is in the name of the husband, the wife has no legal claim to it in the event of a mutual divorce. The person whose name has been registered for the property is the owner, as stated in the Registration Act of 1908. When it comes to the bank, the person who received the loan is the one who owns it and is responsible for making payments on the loan.
The husband has no right to ask the wife to leave the house until they are legally divorced by a competent authority, even if the wife did not contribute financially to its construction. She has the option to remain in the house until the time their marriage is repealed by a skilled power. The wife has the right to ask for support and other expenses for her and her children after the divorce, but she cannot ask for the property in the divorce settlement.
Right to report Domestic Violence:
A wide range of forms of physical, sexual, emotional, and financial violence against women are outlawed by the Protection of Women Against Domestic Violence Act of 2005. The Act defines each of these forms of violence precisely. It safeguards ladies in a family from the men of that family. The Act covers women who are married to men and live-in partners, such as grandmothers, mothers, and other relatives, as well as those who are married to men.
This Act guarantees a woman the right to be free from all forms of violence. Women who are living apart have the right to receive maintenance payments from their abuser, financial compensation, protection from domestic violence, and the right to share a home. This law is meant to make sure that women who have been abused can stay in their homes and make a living on their own.
An individual can look forward to the following authorities to report against abusive behaviour at home that they might have been confronting:
- Police station
- Protection officers in the area
- National/State Commission for Women
Right to Abortion:
The individual rights of a woman- her right to life, liberty, and the pursuit of happiness, enforce her right to have an abortion. It is proven that the reproductive decisions of a woman are usually influenced by her sexual health, making it an essential aspect to be considered.
Internationally, reproductive rights are recognized as essential to the advancement of women’s human rights and development. Governments all over the world have acknowledged and pledged to significantly expand reproductive rights in recent years. Important indicators of a government’s commitment to advancing reproductive rights are formal laws and policies. The absolute right of every woman to control her body is referred to as her bodily rights.
Right To Divorce:
Section 13 of the Hindu Marriage Act of 1955 allows any Hindu, Jain, or Buddhist to request an divorce. Adultery, cruelty, conversion, desertion, unsoundness of mind, leprosy, venereal disease, renunciation, and presumption of death are all grounds for divorce that both parties can attest to. Segment 13(2) are unique grounds that a spouse can put against their significant other.
1. Bigamy: According to section 13(2) of the Hindu Marriage Act, 1955, the marriage is null and void if the husband has another living spouse at the same time.
2. Sodomy, rape, and bestiality are all forms of sex abuse. A woman can sue her husband for divorce under Section 13(2) of the Hindu Marriage Act, and rape is a serious crime under Section 375 of the Indian Penal Code.
3. The wife may bring charges under Section 13(2)(ii) if the husband has interspecies relations with an animal; however, the wife bears the burden of proof.
4. In the case of a child marriage, the wife can file for an divorce within this time frame or by written, implied, or spoken repudiation if she was older than 15 and younger than 18 when she wed.
In light of this act and a particular section, different courts have different opinions regarding child marriage; it varies from situation to situation.
Right to seek Maintenance and Alimony:
After marriage, women have the right to receive alimony. Women will seek maintenance from the court if they believe they are not receiving sufficient alimony. Alimony can be a set amount paid after a divorce, and it is considered maintenance if it is paid on a set date on a regular basis. Provision isn’t satisfactory to meet her costs then the spouse can stimulate support until her remarriage.
What is your legal right as a wife?
The wife has been granted numerous rights under the Constitution. The essential rights include:
● Right to her Streedhan
● Right to a home
● Right to maintenance
● Right to live with dignity and self-respect
● Right to child support
What are the rights of wife over husband in India?
Women are granted the legal right to divorce without the consent of their husbands under the Hindu Marriage Act of 1955. Infidelity, violence, departure, removal from the marital home, psychological instability, and different reasons can be used to get legal divorce papers in India. Additionally, mutual consent divorce is permitted by the act.
What cases can a wife file against husband?
The following types of mental harassment can be brought against a husband by a wife:
● cruelty and violent behaviour under Section 498A of the Indian Penal Code
● obscene language
● outraged modesty
● insulting the abilities of such a woman
Dowry Prohibition And Harassment:
Dowry Harassment is quite common in India. We’ve heard of so many cases wherein the bride is either harassed physically or emotionally for a larger sum in dowry. However, in the eyes of the law, asking for a dowry and giving it away is no longer acceptable and thus, laws for the same have been enacted in recent times.
Dowry Prohibition Act, Indian regulation, sanctioned on May 1, 1961, expected to forestall the giving or getting of dowry. According to the Dowry Prohibition Act, dowry includes money, goods, or property given by either party to the marriage, their parents, or anyone else involved in the ceremony.
