Here are the explanations of the Rights Of Every Married Woman. Let us see the Rights Of Every Married Woman with an introduction.
THE RIGHT TO MATRIMONIAL HOME
A wife has the legal right to stay in the matrimonial home under any circumstances i.e even after her spouse dies. If there’s a case of divorce, the woman may choose to live in her matrimonial home until there is a proper place for her to move in . she can legally stay in that home if she wants to.
THE RIGHT TO DIVORCE
Women can legally file for a divorce without the consent of their husband in the event of infidelity, cruelty, physical and emotional violence, and more, under Section 13 of the Hindu Marriage Act, 1995. Women can further claim maintenance charges, under Section 125 of the Indian Penal Code which states women can rightfully claim financial maintenance for themselves and their child, especially if the husband earns more.
THE RIGHT TO STREEDHAN
Section 14 of the Hindu Succession Act, 1956 and Section 27 of the Hindu Marriage Act, 1955 allow a woman to rightfully claim ‘ Stree Dhan ‘ as its sole owner. She can also further file a complaint under Section 19A of the Protection of Women against Domestic Violence Act if her right is denied.
THE RIGHT TO CLAIM A CHILD’S CUSTODY
A woman has the supreme right to claim the custody of her child, especially if the child is below five years of age. She can also take her child along with her if she leaves the matrimonial household without any legal order. Despite giving equal custodian rights, a woman can have her child’s custody in an event of a disputed home.
THE RIGHT TO ABORTION
The woman has the right to abort a pregnancy without the permission of her husband or family. The Medical Termination of Pregnancy Act, 1971 allows a woman to terminate her pregnancy at any time, until 24 weeks. The Indian court also allows women to terminate their fetus after 24 weeks, in the light of special cases.
THE RIGHT TO PROPERTY
The 2005 Amendment of the Hindu Succession Act, 1956 claims that a daughter, regardless of her marital status, has equal rights to inherit her father’s property. A woman can also legally inherit her former husband’s property only if the husband hasn’t formed a will that excludes her. Additionally, if the husband happens to remarry without legally divorcing the first wife, the right to all his property belongs to the first wife.
THE RIGHT TO REPORT DOMESTIC VIOLENCE
Under the Protection of Women Under Domestic Violence Act, 2005, the woman can file a complaint against her husband and family if she happens to face domestic violence such as acts of physical, emotional, sexual, economical violence, and other acts of ill-treatment.
THE RIGHT TO REPORT DOWRY & HARASSMENT
A woman can report against her parental family and in-laws if any exchange of dowry is involved in marital affairs, under the Dowry Prohibition Act 1961. Section 304B and 498A of IPC criminalize the exchange of dowry and any sort of harassment related to it.
RIGHT TO LIVE WITH DIGNITY AND RESPECT
A wife has the legal authority to live with proper dignity and self-respect with her in-laws. She also has the right to have the same lifestyle that her husband and in-laws have. This legal right provides married women independence after marriage. The married woman also has the right to voice out against any physical or mental torture.
RIGHT TO LIVE WITH DIGNITY AND RESPECT
The Supreme Court said, ” A daughter – in law is to be treated as a member of the family with warmth and affection and not as a stranger with respectable and ignoble indifference. She should not be treated as a housemaid. No impression should be given that she can be thrown out of her matrimonial home at any time. The manner in which sometimes the bride is treated in many a home by the husband, in – law and the relatives creates a feeling of emotional numbness in society. “
RIGHT TO COMMITTED RELATIONSHIP
If the husband has relations with another woman outside marriage, the wife can charge him for adultery. Adultery in India is also a basis for divorce under Section 13 of the Hindu Marriage Act, 1955.
These are some Rights Of Every Married Woman. Rights Of Every Married Woman is a very vast topic to study in deep. Because in today’s era Rights Of Every Married Woman is not in the less quantity. Rights Of Every Married Woman is too much in the quantity. So we will see Rights Of Every Married Woman in some of my next blogs.
