In India, marriage is considered as a sacramental bond and a pure institution that not only ties two individuals but also two families. Despite this, the number of crimes against married women or daughters-in-law has been rushing persistently. Be it dowry deaths or domestic violence, the figures have been increasing at an alarming rate. It is sardonic that most women are unaware of their rights, and thus keep quiet. In order to fight injustice, one needs to have through knowledge about the rights. Article 14 ofthe Constitution of India, ensures women equality and equal protection of the laws. In addition to this Article 15(3) empowers the state to take favorable action for women.As per law, wives are entitled to all articles, movable or immovable received during their marriage and can even claim maintenance. They are entitled to seek maintenance for themselves and for their child from the court. The constitution has provided many rights to married women such as right to Streedhan – According to the Hindu Succession Law; the gifts received by a women during pre-marriage or marriage ceremonies and during childbirth is called streedhan. This includes any movable, immovable property, jewelry, gifts, money etc. Streedhan provides monetary safeguards to a married woman after marriage.The SupremeCourt has given absolute rights over Streedhan to the married women. Even after separation from husband, women have complete right over streedhan. The husband and in-laws of women will be liable for criminal charges if they deny in surrendering streedhan to the wife. A wife has ownership rights to all her streedhan, even if it is placed in the custody of her husband or her in-laws. Right to residence –The Hindu Adoptions and Maintenance Act, 1956, entitles wives a basic right to reside in the matrimonial home. A wife has the right to reside in the matrimonial house with her husband. Many cases have come to light where a husband leaves a rented accommodation when his relationship with the wife turns sour. However, this does not free the man from providing basic maintenance to his wife and children. Moreover a Hindu husband cannot have an extra marital affair or cannot marry another girl unless he is legally divorced. Wife also has the right to file for divorce on the ground of adultery. A happy and successful married life cannot be led without proper commitment from the both partners equally. A married woman has the right to have a committed relationship, unless divorce has been filed. However, if the husband still has relations with another woman outside marriage, the wife she can charge him for adultery. Adultery in India is also a basis for divorce under Section 13 of the Hindu Marriage Act, 1955. A wife has the legal authority to live with proper dignity and self-respect with her in-laws. A woman also has the right to raise her voice against any physical or mental torture. A wife has the right to claim decent living standards and basic comforts of life from her husband. However, the benefits are subject to the husband’s living standards, his income and property. In case of ties souring, he has to provide basic maintenance facilities to his wife and children.As per Section 125 of the Criminal Procedure Code, 1973, the basic amenities include food, clothing, residence, education and medical treatment. A wife has the legal authority to live with proper dignity and self-respect with her in-laws. According to the Indian legal system, a woman even after separation can claim from the property and salary of her husband’s net income as alimony. Most women seek to escape a failed marriage instead of taking legal action. It is better to be aware of your rights and responsibilities from the beginning, rather than regret not doing so. After all, the life you have been gifted is meant to be lived to the fullest, not to be suffered through in silence. With time, people’s approach towards daughters has changed and so have the laws. Daughters have acquired equal status as that of their male siblings even after marriage. The Hindu Succession Act, 1956, did not give daughters and sons equal right in the father’s property. As per the old Act, the daughter enjoyed rights on her father’s property only until she got married. But the Act was amended in 2005. As per the amendments introduced in the Hindu Succession Act in 2005, every daughter, whether married or unmarried, has equal rights as her male sibling to inherit her father’s property after his death. That is, every married daughter has equal rights, liabilities, and duties as her brother’s. Additionally, the daughters also have a share in the mother’s property. If the father does not sign any will before his death, they can turn to the court for legal aid.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.