Marriage comes with some set of code of conduct and duties that the couple must follow. The duties allocated for the women is to take care of the entire home front and attending to the needs of all the family members. It is the most challenging responsibility of all as keeping everyone happy is the most difficult job in this world. Being conditioned to believe in these ideas and the hope of happily ever afters, most Indian women walk into marriages without having the slightest knowledge that a marriage can be difficult and an unhappy one as well.
Even today, many women are afraid of separation as words like divorce is still a taboo in our society. But the good news is that women in this generation are educated enough to earn for themselves and live an independent life if their married life doesn’t turn out fruitful.
It is very crucial for women to know how they can fight back if they are facing any kind of domestic violence after marriage. Also, they should be aware of the fact that they can penalize 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 report domestic violence:
- A woman can report domestic violence under the Protection of Women Under Domestic Violence Act (D.V. Act), 2005.
- This act criminalize 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 Abortion:
- The Medical Termination of Pregnancy Act, 1971 gives a woman full autonomy to abort a child without the permission of the husband.
- The upper limit of getting a child aborted has been raised to 24 weeks.
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.
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.
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.
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), abatement to suicide and dowry death.
- Marital rape hasn’t been criminalized in India yet, but forced sex can be reported under the Domestic Violence Act and Dowry Harassment.