Jayalakshmi K. has completed her B.Sc. Computer science and graduated with an LLB from Tamil Nadu Dr. Ambedkar Law University in Chennai, Read More
Abstract
Whether you’re a women, understanding the legal rights of married women in India is essential. Similarly, as a man, being aware of women rights laws in India is important, as they could potentially impact you if misunderstood or misused.The article had given a deep knowledge and importance of legal rights of married women with real time cases.
Introduction
Marriage is often considered a cornerstone of society, with each gender expected to fulfill specific roles and responsibilities. For women, this traditionally involves managing the household and catering to family needs. Unfortunately, even today, we fail to adequately prepare daughters or brides-to-be for navigating a marriage that may become traumatic. The stigma surrounding terms like separation and divorce highlights this persistent issue.
Challenges
The challenges[1] faced by married women,
- Freedom often diminishes after marriage for many women, as their circumstances change significantly. They may need permission from their husbands or in-laws to visit their own parents, and they are expected to adjust to a new family, showing respect to unfamiliar members. Additionally, societal norms often dictate that they cannot raise their voice or express themselves freely, as they are now living in their husband’s household.
- It is illegal to demand dowry. If your husband or in-laws accept dowry, they are legally required to transfer it to you.
- It’s natural for differences of opinion to arise when a newly married woman is expected to adapt to the customs of a new family while also conforming to society’s expectations of being the “perfect” daughter-in-law. This pressure can create tension as she navigates unfamiliar dynamics and balances her individuality with these traditional roles.
- Every woman should feel empowered to say “no” to anything she feels is inappropriate or is not comfortable with, including personal requests. In many cases, a woman may not want to engage in intimacy but still finds it difficult to refuse her husband, largely due to societal expectations that her primary duty is to keep him satisfied, perpetuating an unfair pressure on her autonomy and well-being.
- In many Indian families, married daughters are often discouraged from offering financial or practical support to their aging parents. While many working women desire to help their parents, societal norms often dictate that the parents of a married woman shouldn’t even drink water in her marital home. This cultural expectation makes it extremely challenging for a woman to approach her husband about financially supporting her parents after marriage, creating an emotional and moral dilemma for her.
Solution to the challenges
- To address the challenges[2] faced by married women in India, a combination of social change, legal protections, and communication is essential. Here are some solutions:
- Promote gender equality from an early age for both boys and girls, emphasizing mutual respect and shared responsibilities within marriage.
- Inform women about their legal rights regarding personal autonomy, financial independence, and marital matters, enabling them to make empowered choices.
- Strengthen laws that protect women’s rights in marriage, particularly in areas like bodily consent, financial freedom, and support for their parents.
- Encourage open and honest conversations between couples regarding personal boundaries, expectations, and family responsibilities.
- Pre-marital counseling can be beneficial in setting mutual understanding and respect for each other’s needs.
- Support women in achieving financial independence, allowing them to contribute equally in household decisions and make it easier to discuss helping their parents.
- Normalize the idea that both partners in a marriage have obligations toward their respective families.
- Address the stigma around divorce, separation, and the expectations placed on daughters-in-law by fostering more open conversations about women’s rights and well-being.
- Develop support systems such as women’s groups, legal assistance, and counseling services to help women navigate marital issues.
- Encourage families to respect the choices of married daughters, including their desire to support their parents financially or otherwise.
By focusing on these solutions, we can work towards reducing the societal pressures and limitations faced by many married women, ensuring their rights and autonomy are upheld.
Provisions
- A wife has the legal right[3] to remain in the matrimonial home even after her husband’s death. The Hindu Marriage Act (HMA) of 1955 does not prevent a married woman from living in her parental home. She can legally stay with her parents whenever she wishes.
- As per the 2005 amendment to the Hindu Succession Act (HSA) of 1956, a daughter—whether married or unmarried—has equal inheritance rights to her father’s property, just like her brother. A woman also has the legal right to inherit her husband’s property, provided there is no will excluding her or if no will has been made.
- Under the Protection of Women from Domestic Violence Act, 2005, a woman can report domestic abuse. This act criminalizes physical, emotional, sexual, economic, and other forms of mistreatment.
- The Medical Termination of Pregnancy Act of 1971 grants a woman full autonomy to terminate a pregnancy without requiring her husband’s consent. The legal limit for an abortion has been extended to 24 weeks.
- Section 13 of the Hindu Marriage Act, 1955, allows a woman to file for divorce without her husband’s consent on grounds such as adultery, cruelty, desertion, expulsion from the marital home, and mental illness. Section 13B permits divorce through mutual consent.
- If the marriage fails, the Hindu Marriage Act of 1955 grants a woman the right to claim maintenance for herself and her children both during the divorce process (interim maintenance) and after the divorce (permanent maintenance).
- The Dowry Prohibition Act of 1961[4] outlaws the dowry system. A woman can report the exchange of dowry involving her parental family or in-laws. While marital rape is not yet criminalized in India, forced sexual relations can be reported under the Domestic Violence Act or dowry harassment laws.
- The Guardian and Wards Act of 1890 gives both parents equal rights and responsibilities for their children’s custody. However, in the case of a child under five years of age, the mother is usually granted superior rights.
Case Laws
Vimla Devi v. Ram Sarup (1956)[5]
The court held that a marriage that violates the essential conditions under Hindu Marriage Act can be declared null and void. The case emphasized the grounds for declaring a marriage voidable.
Vimla v. Veeraswamy (1991)
The court ruled that a wife is entitled to separate residence and maintenance if her husband is guilty of desertion or cruelty.
Kusum Sharma v. Mahinder Kumar Sharma (2020)[6]
The Supreme Court issued comprehensive guidelines for calculating interim and permanent maintenance, considering factors like the income of both parties, standard of living, and responsibilities.
State of Punjab v. Iqbal Singh (1991)
The Supreme Court laid down essential guidelines for the prosecution to prove dowry death cases. If a woman dies of unnatural causes within seven years of marriage, and it is proven that she was subjected to cruelty or harassment related to dowry demands, the court would presume dowry death.
Narendra v. K. Meena (2016)
The Supreme Court held that mental cruelty, including when one spouse refuses to live with the in-laws or persistently makes false accusations, can be a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act. This case defined the scope of mental cruelty for divorce.
Shiv Kumar v. Santosh Kumari (2007)
The Supreme Court clarified that under Section 12 of the Hindu Marriage Act, a marriage can be annulled if it is established that consent for the marriage was obtained through fraud. This case defined how fraud and misrepresentation affect the validity of a marriage.
Conclusion
In conclusion, the legal rights of married women have evolved significantly over time to ensure greater protection, equality, and empowerment within the family and society. Today, laws governing marriage, property, and personal safety, such as the Hindu Marriage Act, 1955, Hindu Succession Act, 1956, Protection of Women from Domestic Violence Act, 2005, and Dowry Prohibition Act, 1961, provide comprehensive safeguards for married women.Despite significant progress, gaps still exist in the legal rights of married women. Many women face challenges in fully exercising their rights due to societal pressures, lack of awareness, and procedural hurdles in accessing justice.Addressing these challenges requires not just legal reforms but also social change, better enforcement mechanisms, and enhanced legal awareness to ensure that married women can fully realize their rights.
[1] Times Entertainment
[2] Pink legal
[3] Times Entertainment
[4] Ezylegal
[5] Lexpedia
[6] Kanoon
