7 RIGHTS OF A MARRIED WOMEN IN INDIA

7 RIGHTS OF A MARRIED WOMEN IN INDIA

           

1.   RIGHT TO MATRIMONIAL HOME

Under section 6 of Married Women Protection Act, 1874, A wife has a legal right to live in matrimonial house, even if the husband dies. Even if the house does not belongs to husband and belongs to his parents.  There is no law in Hindu Marriage Act that a married woman cannot stay at her parental house, as she can stay if she wants and when she wants.

2.   RIGHT TO PROPERTY

Unmarried daughter or married daughter has equal rights to inherit her father’s property. A married woman also has a legal right to inherit her husband’s property, if he hasn’t prepared any will or hasn’t excluded her from it. If a husband remarries without dissolving his first marriage, then the right to property belongs to the first wife.

3.   RIGHT TO ABORTION

In the medical termination of pregnancy act, 1971 under section 3, gives a woman full autonomy right to abort a child without the permission of the husband. The upper limit of getting a child abortion has been raised to 24 weeks.

4.   RIGHT TO CLAIM CHILD’S CUSTODY

Under section 21, Protection of Women Domestic Violence Act 2005, An employed woman or unemployed woman can claim for custody of her children after the separation, and can also claim for maintenance from her husband. However, the guardian and wards act of 1890 gives equal right to both husband and wife. How so ever, if the child is below 5 years mother has superior right.

5.   RIGHT TO SEEK MAINTENANCE AND ALIMONY

Under section 125 of Crpc gives married women the legal right to seek maintenance and alimony from her husband for lifetime.

According to the Hindu Marriage Act, 1955 if the marriage fails, the woman has legal rights to claim maintenance and alimony for herself and her children from the husband during interim maintenance and after divorce permanent maintenance.

6.   RIGHT TO REPORT DOMESTIC VIOLENCE

Under section 5, Domestic Violence Act, 2005 an aggrieved woman can file a domestic violence report, where there is physical, emotional, sexual, economical and other forms of abuse. She can claim for protection, maintenance, custody, compensation and can also claim to live in that same house.

7.   RIGHT TO DIVORCE

Under section 13 of Hindu Marriage Act 1955, gives a woman legal rights to file a divorce without  the consent from the husband. The grounds on which the divorce can be filed are cruelty, desertion, mental disorder, marital home etc.