Important legal rights every married woman should know

Marriage is the sole foundation of our society that binds people and families together. Many turn out to be loving and successful marriages, while some can be terrifying and difficult as well. Society makes it hard for women to speak or take action against marital injustices if they happen to face any. It is extremely necessary for a married woman to be aware of her legal rights. Hence, we bring to you a detailed list of Indian legal rights that a married woman is entitled to.

A wife has the legal right to stay in the matrimonial home under any circumstances i.e even after her spouse dies. If there’s a case of divorce, the woman may choose to live in her matrimonial home until there is a proper place for her to move in. she can legally stay in that home if she wants to.

Women can legally file for a divorce without the consent of their husband in the event of infidelity, cruelty, physical and emotional violence and more, under Section 13 of the Hindu Marriage Act, 1995. Women can further claim maintenance charge, under Section 125 of the Indian Penal Code that states women can rightfully claim financial maintenance for herself and her child, especially if the husband earns more.

Section 14 of the Hindu Succession Act, 1956 and Section 27 of the Hindu Marriage Act, 1955 allows a woman to rightfully claim ‘Stree Dhan’ as its sole owner. She can also further file a complaint under Section 19A of the Protection of Women against Domestic Violence Act is her right is denied.

A woman has the supreme rights to claim the custody of her child, especially if the child is below five years of age. She can also take her child along with herself if she leaves the matrimonial household without any legal order. Despite giving equal custodian rights, a woman can have her child’s custody in an event of a disputed home.

The woman has the right to abort a pregnancy without the permission of her husband or family. The Medical Termination of Pregnancy Act, 1971 allows a woman to terminate her pregnancy at any time, until 24 weeks. The Indian court also allows women to terminate their fetus after 24 weeks, in the light of special cases.

The 2005 Amendment of the Hindu Succession Act, 1956 claims that a daughter, regardless of her marital status, has equal rights to inherit her father’s property. A woman can also legally inherit her former husband’s property only if the husband hasn’t formed a will that excludes her. Additionally, if the husband happens to remarry without legally divorcing the first wife, the right to all his property belongs to the first wife.

Under the Protection of Women Under Domestic Violence Act, 2005, women can file a complaint against her husband and family if she happens to face domestic violence such as acts of physical, emotional, sexual, economical violence and other acts of ill-treatment.

A woman can report against her parental family and in-laws if any exchange of dowry is involved in marital affairs, under the Dowry Prohibition Act 1961. Section 304B and 498A of IPC criminalises the exchange of dowry and any sort of harassment related to it.