Introduction
Marriage is the solitary or sole foundation of our Indian society that actually ties two people together with their families. Marriage is regarded as a pious relationship and hence needed to be successful with a never ending phase. But, there are still some marriages which doesn’t become successful wherein women also suffers and face many difficulties which must be terrifying for them. Society this time is cruel and harsh regarding women and doesn’t speak for her. For that matter, there are many rights made for a wife in India. It is tremendously important for every women to be known of her legal rights so that if she faces any difficulty or cruelty, she can go to the court asking for her legal rights and fight for herself.
Since ancient times, married women are facing terrifying behavior of their surrounding people towards them. She is being subjected to various unconstitutional acts, be it sati, harassment for dowry or domestic violence. These activities were followed in ancient times but today also in some rural areas, people are still following them. Our Indian Constitution clearly defined the legal rights of married women.

Legal Rights of women under Indian Constitution

  • Right to Streedhan: Streedhan refers to the presents, gifts or any money or property which is given to women before marriage in order to safeguarding herself. Streedhan could be moveable or immovable property, gifts, money or ornaments, anything. Parents give their daughters Streedhan voluntarily so that she won’t face any financial burden over her in-laws, basically for financial safeguard. This has been discussed in the case of Pratibha Rani vs. Suraj Kumar.
    Hon’ble Supreme Court of India clearly gives the eternal right to Streedhan to a woman and nobody can deny to it. Even if the women get divorced, she has the absolute right over her Streedhan, irrespective of the fact that the dhan is in the hands of her husband or in-laws.
    If one denies giving it to her, there would be liable of criminal charges against them.
  • Right to live with dignity and self respect: Women faces many cruelty because of which our Constitution has given every wife to live with dignity and self respect that means she has the eternal right to have the same standard of living as her husband and in-laws have. She should be fee of all the mental trauma and physical pressure. It gives her freedom in live.
  • Right to inheritance: before 2005, women had no rights on her father’s property after her marriage. The male sibling got the property. But, after the Hindu Succession Act got amended in 2005, women get the equal rights as her male sibling even after the marriage. Now this act states that every women irrespective of the fact that she is married or not, will get the equal share in the property. If the father dies without leaving any will, then also she will get the share in her mother’s property as per Indian property laws of married women.
  • Right to residence: As per Hindu Adoption and Maintenance Act every woman has the legal right to stay at her matrimonial house where her husband stays, no one can deny her to stay at the house. In general, matrimonial home is a home which a women shares with her husband. Even if the house is ancestral, self acquired, joint family house or rented house, she has the legal right to reside at her matrimonial house. Regardless of her husband is dead or alive; she can reside at her matrimonial home.
  • Right against Domestic Violence: The Domestic Violence Act safeguards women from facing any cruelty or violence to them. If any person be it her husband or her in-laws creates violence to her then a married women can file a petition against her husband or in-laws, file a Zero FIR, or call the national helpline and also can tell friends and family. She has the legal right onto it.
  • Right to have maintenance: A wife comes to her husband’s house after leaving behind everything; therefore she expects proper maintenance from husband. Wife can claim maintenance of decent standard of living and basic necessities or comforts of life under section- 18 of Hindu Adoption and Maintenance Act if husband has done some cruelty, desertion, polygamy or having any venereal disease, thus can enforce her legal rights in divorce. However, it actually depends on the husband’s lifestyle or financial standards.
  • Right to get child maintenance: A wife gives birth to a child wherein, it is the duty of both husband and wife to provide the child with basic amenities to a child, his day to day expenses, schooling every expenses of a minor child comes under the maintenance. If wife is not stand and doesn’t earn, then the husband has to maintain the child. In some case, if both husband and wife are in a non-earning stage, they can take the help of their parents, grandparents or families.
  • Right to divorce: A Hindu man cannot have the extra-marital affair. Having an affair after marriage without getting divorced is an offence of adultery and would be charged under 497 of IPC. A wife has the legal right to file a divorce petition on the ground of adultery of her husband.

Conclusion

Since long it has been found that women are facing ultimate brutality with her. People are harsh with women because of which they need to be safe. Apart from emotional strain, women are facing, mental or physical trauma too. To serve justice our Indian Constitution has given various legal rights to a wife to safeguard her. Every married woman should be aware of her legal or constitutional rights so that she can fight for herself and stay safe with dignity and self respect.