Legal rights of married women

Marriage is an institution, but it is also one of the most exploited institutions in India, especially for women. the Indian constitution safeguards the interests of married women through some specific yet important rights.

Photo by Tingey Injury Law Firm on Unsplash

During this pandemic, the cases of domestic violence have increased globally. The pervasive spread of the virus has forced domestic violence victims to stay at home with their abusers, leaving them with little options to find any shelter or even solace. In abusive households, women have to battle the male aggression inside and the virus outside. As they are closely confined within the walls of their house, living with abusive partners hurts them both physically and emotionally. Women who are financially dependent on their husbands suffered more. The victims are unable to contact or seek help in the majority of the cases. In such a scenario there are specific rights for married women such as:

Right to Matrimonial Home according to which a married woman has the right to live in the matrimonial house, even after the husband dies.

Right to Property a woman has legal right to inherit her husband’s property;

Right to Report Domestic Violence a woman can report domestic violence under the Protection of Women under Domestic Violence Act,2005;

Right to Abortion without the permission of her husband under Medical Termination of Pregnancy Act,1971;

Right to Divorce a woman can file for a divorce without the consent of the husband on grounds of cruelty, desertion, mental disorder, etc.;

Right to Live with Dignity and Respect legal right to have the same lifestyle that her husband and in-laws have;

Right to Maintenance by Husband in a case where both husband and wife earn then she can claim only if he earns more;

Right to Claim Child’s Custody A woman has the right to take the child with her while leaving the marital house without any court order;

Apart from these, there are various other rights for married women such as Dowry Prohibition and Harassment Act, Right to Stree Dhan, Right to Child Maintenance, etc. These rights are in interests of women and to protect them from domestic violence, it is important that women are aware of these rights and more importantly exercise them.

Contributed by Aman Jain content writer at Mitti Ke Rang

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