#Family, #Domestic Violence, #Mutual Consent Divorce.
Once a girl marries, her whole world takes a 360-degree turn. There are certain rules for married women which are usually fixed in every household. People continue their family cultures through women only. However, the importance of women in a household is seldom realized. That is one of the biggest reasons behind the need for women’s legal rights in India.
All women must have a thorough understanding of their rights as married women in India. Conversely, for men, it is equally crucial to possess a basic knowledge of the laws that safeguard women’s rights in India, as it may have repercussions otherwise. Family court cases, being the cornerstone of any Indian household, can be traumatic for all parties involved. Hence, it is imperative to hold a constructive discussion regarding the laws being formulated for the protection of married women’s rights in India.
Rights of a Woman (After Marriage).
It is widely acknowledged that the legal system in India is designed to favour women’s rights, and this article aims to highlight the legal framework governing women’s rights in India after marriage. In many cases, women choose to follow the rules laid down for married women until such time that their circumstances become untenable. At that point, the personal laws of the parties come into play, and family lawyers can provide legal interpretation. Nevertheless, there exist certain laws in India that are religion-neutral and unequivocally support women’s legal rights, regardless of their religion.
Laws that Protect Married Women’s Rights in India
- Right to Reside in a Marital Home.
The legal rights of a wife over a husband also include the right to reside in the matrimonial home. Regardless of whether the property belongs to the husband, or in-laws or whether it is a rented property, a woman has the right to reside there. Access to the marital home during separation cannot be taken away, not even during ongoing domestic violence proceedings. The same was explained by the Hon’ble Supreme Court while interpreting provisions of the Protection of Women from Domestic Violence Act, 2005 in a 2020 case law.
- Right to Streedhan.
All the gifts which a woman receives before, during and after her marriage and during childbirth constitute ‘Streedhan’ under the Hindu laws. The Supreme Court has made the position of Streedhan clear and unambiguous in the PratibhaKumari case excluding any scope for the husband’s joint status. Also, the property distribution after divorce does not include any division of Streedhan.
- Right to Maintenance by Husband.
Maintenance is the financial support which one spouse gives to another during marriage. A woman financially dependent upon her husband for her basic expenses can seek maintenance as per the Hindu Marriage Act, 1955 as well as the Code of Criminal Procedure, 1973. Even after divorce and before a second marriage, a woman has the right to maintenance. The rights of a woman in divorce in India include alimony which can be a one-time payment or be distributed every month, as decided by the court. It may be noted that the provision of maintenance is not gender specific but gender-neutral. Even maintenance be given by the wife if the husband is dependent upon his wife for survival.
- Right to Live with Dignity and Respect
Not only the laws for married women’s rights in India but also the fundamental right guaranteed to every citizen of India under Article 21 of the Constitution of India ensures a person’s right to live with dignity.
- Right to Committed Relationship
Marriage is a commitment shared by a couple towards each other. If it becomes legal for a married woman to live with another man or vice versa, the very concept of marriage will be rendered meaningless. In India, marriage grants each spouse the right to exclusive companionship and cohabitation with each other. Only legal separation or divorce can provide a way out of a committed relationship.
- Right to Succession in Parental Property
The Supreme Court has time and again upheld a married daughter’s right to her parental property under the Hindu Succession Act 1956 The court also batted with the words ‘Once a daughter, always a daughter.’ (Savita Samvedi (Ms) &Anr. v. Union of India &Ors., 1996 (2) SCC 380)
Before 2005, the laws related to Hindu Succession did not include a daughteras a coparcener for the inheritance of ancestral property. However, the 2005 amendment to the Hindu Succession Act, of 1956 granted married and unmarried daughters equal rights as a son.
- Rights Against Violence
Domestic violence is a pervasive issue in Indian households which has witnessed an increase during the COVID-19 lockdown. In India, laws have been enacted to provide protective rights to married women, and any form of violence in marriage is considered a punishable offence. Domestic violence lawyers must be contacted without delay in such situations. In addition to violence and cruelty being grounds for divorce or civil remedy, cruelty by the husband or other family members is also punishable under the Penal Code [Section 498A of the Indian Penal Code, 1860]. It is imperative that all parties involved in such cases be aware of their rights and responsibilities, and that legal recourse be sought promptly to ensure justice is served.
- Right to have the Body
A woman has an absolute right over her own body. She has the right to her health, and the right to abortion. Although it may be noted that conjugal rights are part of a marriage and there is no clarity over the long-debated topic of marital rape. However, the right to the body also includes the right to deny unnatural sex against the husband.
- Right to Move Out of Marriage
To enter a marital relationship, the consent of both spouses is paramount. Both the spouses enjoy certain rights against each other as a husband and wife. However, moving out of such a marriage when cohabitation is no longer bliss is the right for both.
- Can a Court Force Husband to Stay with Wife?
After marriage, both spouses have conjugal rights against each other, i.e. right to stay in each other’s company. [Section 9 of Hindu Marriage Act, 1955] In case one spouse leaves the company of a spouse and stays separately, they can knock on the court’s door to bring the spouse back. The court shall hear the facts of the case, and consider the reasoning of why one spouse left the company of another. The court may order restitution of conjugal rights. However, the court cannot force the husband to stay with the wife or vice versa. If a husband does not wish to live with his wife, he may seek mutual divorce, contested divorce if the wife does not agree or even an application for legal separation if interim separation is sought.
- Can a Wife Live Separately Without Divorce?
Yes, if a couple is not yet certain about divorce but wish to stay separately without ending the marriage, they can go for judicial separation through court. Unlike divorce which cannot usually be granted before the expiry of 1 year of marriage, legal separation can be granted at any time after marriage.
- Married Women’s Property Rights in India
Marriage does not affect a married woman’s property rights in India. If the property is ancestral, she is considered a coparcener just like a son. If it belongs to her parents, she may be a valid successor to their property. However, she has no right to her husband’s property during his lifetime. After his death, she is entitled to succession rights as per the law. If the spouses decide to divorce, she has the right to share proportional to her investment in joint property. Women in India must be aware of their legal rights and take necessary steps to protect their property.
Legal Rights of a Wife – Conclusion
In India, there is a long-standing tradition that women are expected to take on their husbands’ identity and relinquish their own after getting married. This cultural norm has resulted in legal rights that are somewhat skewed in favour of women, particularly in cases of divorce or separation. The laws governing such cases often favour women, making it easier for them to obtain custody of children, alimony, and other benefits.
Despite these legal advantages, women must recognize the importance of taking a stand and empowering themselves for their benefit. By doing so, they can strive for true equality and exercise their rights without being held back by societal norms. This may involve actively seeking out legal support or counselling, speaking out against discrimination, or even just asserting their own identity and independence within their marriage. Ultimately, it is only by breaking free of these traditional gender roles that women can truly achieve full equality and live fulfilling self-determined lives.
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