Top 5 legal rights of married women in India

Marriage is seen as one of the most beautiful phases of human life. A woman leaves her home, where she lived for more than years to move to a very new house, where her husband lives. A lot of things change after the marriage for both the families, the family of the man and also the family of the woman. But the life of the woman gets changed drastically. The changes can be full of contentment but they can also be full of agony. And, we know for a fact that prevention is better than cure. So, a lady who has got married must be familiar with her rights after the marriage. In this article, we will take a look at the top 5 legal rights of married women in India.

Right to report Domestic Violence, Dowry, or Harassment
A woman always has the right to report any physical or mental torture she’s going through. If her paternal family or her in-laws are involved in any type of exchange of dowry or torturing her to bring a dowry, she can report them 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. And if her husband or her paternal family are involved in any time of Violence against her, they can be reported under the Protection of Women Under Domestic Violence Act. All types of harassment such as verbal, economic, physical, sexual, or mental, can be reported.

Right to divorce or claim child custody
A woman can file a divorce in court without the consent of her husband. She can do it in the event of any sort of domestic violence, adultery, cruelty, and more. Under Section 13 of the Hindu Marriage Act, 1995, she can file a divorce. A woman always has the dominant right to claim her child’s custody. And if the child is lesser than the age of 5, she should claim his custody. A woman also can leave her marital house with his child in cases of cruelty or violence.

The right to Stree Dhan
Streedhan is commonly the property a woman gets at the time of her marriage. This is different from the Dowry as all the gifts that are counted in Stree Dhan are voluntary things. Under Section 14 of the Hindu Succession Act, 1956 and Section 27 of the Hindu Marriage Act, 1955, a woman can alone claim her Stree Dhan.

Right to Residence and Property
A woman has the supreme right to reside in her matrimonial household where her husband lives. It doesn’t matter if her husband lives in a rented house, in a joint family or an ancestral house. She holds the right to live in the house even if her husband dies. Under the 2005 Amendment of the Hindu Succession Act, 1956 the daughter of the house does have a right of the property of the house, irrespective of her marital status.

Right to Abortion
A woman stands to abort her pregnancy without the consent of her husband if she wants to. She can do it in the starting 24 weeks. She also can do it after that, but she has to take the permission of the Indian court.

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