Even today, we do not prepare our daughters or would-be brides or sisters on how to deal with a marital relationship that is stressful and traumatic. This is why there is a lot of stigma around words such as separation and divorce.
Countless women across the country live by these words, suffering abuse and trauma at the hands of their husband and in-laws.
But times have changed, women are no longer dependent on anyone, especially when it comes to gaining information regarding her rights.
All women, married or soon to be, young or old, should know their legal rights. Women can penalise any oppression in marriage and claim freedom from the alliance and dignity if they are aware of their legal rights. As the government aims at revising the legal marital age of a woman, from 18 to 21, here are some legal rights that every married Indian woman is entitled to.
Right to property:
According to the 2005 amendment of the Hindu Succession Act (HSA) 1956: a daughter, whether married or not, has equal rights to inherit her father’s property as her brother.
A woman has equal legal rights to inherit her husband’s property as other heirs. She can inherit it only if the husband hasn’t prepared a will or hasn’t excluded her from the will.
If a husband remarries without dissolving the first marriage, the rights to the property belong to the first wife.Hi
Right to report domestic violence:
A woman can report domestic violence under the Protection of Women Under Domestic Violence Act (D.V. Act), 2005.
This act criminalises physical, emotional, sexual, economical and other forms of ill-treatment.
She can claim protection, maintenance, custody, compensation and continue to live in the same house.
Right To Divorce:
Section 13 of HMA 1955 gives women the legal rights to file for a divorce without the consent of the husband.
The divorce can be filed on the grounds of adultery, cruelty, desertion, thrown out of marital home, mental disorder etc.
Section 13B of the Act allows divorce by mutual consent.
Dowry Prohibition And Harassment:
Dowry Prohibition Act 1961 prohibits the dowry system. A woman can report against her parental family or the in-laws for exchanging dowry.
Any case of cruelty she faces from her in-laws on account of dowry can be reported under Section 304B and 498A of IPC that criminalises dowry harassment.
The Section criminalises the dowry harassment of the bride in the form of cruelty, domestic violence (physical, emotional or sexual harassment), abetment to suicide and dowry death.
Marital rape hasn’t been criminalised in India yet, but forced sex can be reported under the Domestic Violence Act and Dowry Harassment.
Right to claim child’s custody:
The Guardian and Wards Act of 1890 gives equal custodial rights and duties to both the parents. However, if the child is below five years of age, the mother has superior rights.
A woman has the right to take the child along with her while leaving the marital house without any court order.
A woman can claim the custody of her children after divorce or separation, regardless of whether she is employed or unemployed. She can always claim maintenance from her husband.
Right to seek maintenance and alimony:
Section 125 of IPC gives a married woman the legal right to seek maintenance from her husband for a lifetime.
If the marriage fails, the HMA of 1955 provides women with the legal rights to claim maintenance of herself and her children from the husband during (interim maintenance) and after divorce (permanent maintenance).
The amount of maintenance doesn’t include Stree Dhan and is set up by the court on the basis of the husband’s financial and living status (includes up to 25 percent of it).
In case the wife is earning:
She can claim maintenance from the husband only if he earns more.
If both earn the same amount, she cannot claim maintenance for herself, but can claim it for the child.
The husband can also claim maintenance if the wife earns more.
Right to Matrimonial home:
A wife has the legal right to live in the matrimonial house, even after the husband dies.
Even if the house is not owned by the husband, belongs to his parents, or is a rented apartment.
In case of separation, she can stay at the marital house until an alternative is arranged for her or she goes to her parental house.
There isn’t any directive in the Hindu Marriage Act (HMA), 1955 that a married woman cannot stay at her parental house. She can lawfully stay, if and when she wants to.
“Most women who seek to escape a failed marriage are afraid to take legal action. Only when the situation becomes unbearable do they act; many just give up and go back to their parents. To ensure comfort and trust, most women prefer to consult female lawyers for matrimonial issues,” shares Rohan Mahajan, Founder of the legal advice platform, LawRato.com
It is better to be aware of your rights and responsibilities from the beginning, rather than regret not doing so. After all, the life you have been gifted is meant to be lived to the fullest, not to be suffered through in silence.