Blog Details

‘Marriage’ is that social instrument in India, which requires a woman to leave their parental home and shift to her matrimonial home with their husband. This marriage creates an obligation upon the husband and his family to provide shelter, care and protection to the wife and also to incur expenses towards her well-being which is her right within the legal framework. Nor only this, there are various legal rights available to women under different legal provisions. The only motive of all these rights is that they provide dignity and safety to the women. 

Rights as provided to the married women under Indian Laws:

1. Right to Live in a Matrimonial Home: Matrimonial home is where women have the right to live with their husband after marriage. Even if the home is not owned by the husband, she still has the right to shelter in that home. Even a widow has a right to shelter. Under Section 17 and 19 of the Domestic Violence Act, a wife/widow has the right in a “shared household” and the court can order for her reinstatement in the house, if she is thrown out.

2. Right to Maintenance: It is a legal obligation of the husband to provide maintenance to his wife. In case, the husband fails to provide maintenance to his wife, the wife can approach the court for maintenance. Even a working wife is entitled to maintenance, in cases where the husband is earning more than the wife and the wife is not able to maintain herself and the children from her income.

3. Women right to custody and guardianship over her children: In case the dispute arises between the spouses and both of them decide to live separately, in such a case, both of them can claim right to custody of the child. Women as the primary caretaker, are entitled to have custody and guardianship of their children. While deciding the issue of custody, the Courts apply the best interest of the child which is the paramount principle. 

4. Right of a woman as a Non-custodial Parent: In case the custody of the child is given to the other spouse i.e., the husband, the woman can avail the benefit of visitation rights and stay during school vacations.

5. Right to order of Protection from Domestic Violence: In case, the women face threat of violence from either husband or other family members, the women can ask for protection and restraining them from committing domestic violence on her.  In case, she still fears that the husband can commit assault or mischief with her in a public place, she can approach court for issuing “stop order”(injunction) under Section 18 of the Act. Under the Domestic Violence Act, the women can claim rights such as:

1. Right to live in Same House 

2. Right to claim Maintenance

3. Right to Custody

4. Right to claim Compensation

5. Right over Stridhan: A woman has the right to take all her belongings with her i.e., jewelry, clothes, valuables, money etc. which is also known as Stridhan. 

6.  Protection against Dowry Harassment: The woman has a right to protection in the case of dowry harassment. Section 2 of the Dowry Prohibition Act (DPA), 1961 defines ‘dowry’ as any cash, jewelry, valuables, or property which the husband or his family members demand from the bride‘s parents at the time of marriage, as a consideration of marriage. Asking for dowry is a punishable offence under the Act and the person can be fined for Rs.15, 000/- or equal to the value of the dowry demanded or paid. Either the woman or her parents can file a complaint against the person and even a case under Section 304B of Indian Penal Code, 1860 can be registered for “Dowry Death”.

7. Protection against Cruelty by Husband or Family Members: Cruelty is a serious offence and has been defined under section 498A of the Indian Penal Code, 1860 as any kind of harassment for dowry or causing physical or mental harassment either by the husband or his relatives, which causes harm to life, limb or sanity of women. The offence is cognizable in nature, as it demands arrest without warrant and the person can be punished for causing cruelty upto a term which may extend to three years.

Rights of Children under Matrimonial Laws:

The term ‘child’ is defined under United Nations Convention on the Rights of the Child 1989, as ‘a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier’. Under the Indian Constitution, the provisions related to the rights of children are: Article 14, 15(3), 21, 21A, 23(1), 24, 29(2), 39(e), 39(f), 45, 47 and 51(A)(k).

Other Rights of Child include:

Right to Survival:

• A child has a right to be born

• Child has a right for the minimum standards of food, shelter and clothing

• A Basic right to live with dignity

• Child has the right to health care, to safe drinking water, nutritious food, a clean and safe environment, and information to help them stay healthy

Other Rights like Right to Development, which includes: 

• Right to education

• Right to learn

• Right to relax and play

• Right to all forms of development – emotional, mental and physical

Rights other than these are:

1. Right against the Child Marriage

2. Protection from Sexual Offences

3. Right against Exploitation etc.

Refrences:

1. http://www.legalservicesindia.com/article/219/The-Rights-Of-Children-in-India.html

2. https://blog.ipleaders.in/rights-of-a-child-in-india-a-comprehensive-guide/

3. https://www.iitk.ac.in/wc/data/Majlis_Legal-rights-of-women.pdf

4. https://www.shethepeople.tv/home-top-video/legal-rights-married-women-india/

Keywords:

Marriage, rights, matrimonial home, maintenance, custody, guardianship, domestic violence, protection, non-custodial parent, dowry harassment, cruelty,  stridhan, child, minimum standards of food, shelter and clothing, dignity, healthcare, safe environment, development.