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Legal Rights Every Married Woman in India Should Know

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However, with the happiness and responsibility of marriage comes the need for understanding one's legal position in the institution. There are several laws designed and available to married women to protect their rights by giving them legal relief in case of injustice in India. Not all women are aware of these laws. This paper would detail some of the most important rights which every married Indian woman must know. Be it property rights, or protection from domestic violence, or protection from harassment, and whatnot. These laws are made sure to give dignity and security to women at marriages.
At Together Thrive, they believe that teaching women their rights serves to cultivate a more just and egalitarian society. Some of the legal rights that married women in India should know better are as follows.
Right to Protection Against Domestic Violence
Under this law, any woman subjected to violence in her home can approach courts for relief. This law permits the granting of protection orders, residence orders, as well as financial compensation for the abused. Importantly, the law recognizes the rights of women to live in a violence-free environment by reinforcing that abuse in its form is not acceptable.
Along with these legal protections, it also builds awareness so that every married woman in India feels safe within her four walls. An additional form of strengthening can be the reassurance of taking a legal stand against her abusers.
Right to Streedhan
All those gifts that involve money, jewelry, or property given to the bride before, during, or after her wedding are Streedhan. Ironically, many confuse the term with dowry. In point of fact, Streedhan completely belongs to the woman as it is her own property and she owns all of it in full. It might include gifts from her husband, his or her family members, even friends among others.
The Supreme Court of India clarified a married woman's right to claim her Streedhan; non-payment can be prosecuted under criminal law. This is the way by which financial autonomy is provided to women even after getting married.
This law allows a woman to file a case even under Indian Penal Code Section 405 dealing with criminal breach of trust in case her Streedhan is not returned.
Right to Maintenance
Maintenance, as the term goes in India, would permit a wife to claim maintenance against her husband in case of separation or divorce. Maintenance would be required for her to earn sufficient income and fend for herself in case she cannot do so independently.
According to the Hindu Marriage Act of 1955 and Criminal Procedure Code (Section 125), a woman is entitled to seek maintenance from her husband. Maintenance could either be in the form of a regular allowance or, in some cases, a one-time financial settlement.
Maintenance laws are not just confined to Hindu marriages. Other personal laws of religion too, such as the Muslim Women (Protection of Rights on Divorce) Act and the Indian Divorce Act, offer similar provisions for protection of financial security in cases of divorce or separation.
Right to Residence
Every married woman in India, irrespective of whether the house is owned or not, has a right to stay in her matrimonial home.
Residence rights would also mean that a woman cannot be evicted by her husband or his family from her matrimonial home without observing due process of law. Even in cases of domestic violence, the woman has the right to approach the marital home and shelter herself in the matrimonial home or any other alternate accommodation provided by the court.
Together Thrive teaches the women about the same significant right and builds them to not give in to any illegal eviction from their respective homes.
Right to Children Custody
The courts, in India, normally deal with the matters related to the issue of the custody in a child-friendly manner with full consideration to the welfare of the child.
Although a father is deemed to be the natural guardian, with the promulgation of the Hindu Minority and Guardianship Act of 1956, with many other enactments also, a mother has all the right to obtain the right of custody of their children. In India, courts have repeatedly practiced custody rights in favor of mothers, especially when the children are less than five years old considering that a mother plays a crucial role in a child's early years of development.
Mental Harassment Acts in India
Mental and emotional harassment in marriage is a lot more, and worse even, than physical harassment, but it rarely comes under consideration. Thankfully, the Indian judicial system recognizes this, too. Under the Indian Penal Code- Section 498A, these mental harassment laws are enacted dealing with 'cruelty by husband or his relatives'.
Mental harassment refers to emotional domination, verbal abuse, and other types of psychological victimization. This act gives women the right to move forward for justice and to lodge complaints if they have experienced cruelty from their husbands.
Various organizations like Together Thrive work for the mental health of married women, spreading awareness about the mental harassment law in India and ensuring that women know they don't stand alone in this fight.
Right to Live with Dignity and Respect
Constitutionally, the right of every citizen to live with dignity and respect is provided for in the case of an Indian citizen. This constitutional right further gets reinforced in the case of married women through various personal laws that direct them to be safeguarded in the institution of marriage.
Under Indian laws regarding women, specially the Hindu Marriage Act and equivalent laws for other religions, a wife has every right to expect fair treatment from her husband and in-laws. Any wrong done can be taken to court, be it for gynecological molestation or divorce.
It, therefore, is an attempt to provide equality for women in marriages and legal recourse if rights have been usurped.
Right to Divorce
Divorce is one of those measures that have invariably been adopted as the last resort, yet it is one of the most important legal rights available to a married woman of India. There are many divorce laws such as the Hindu Marriage Act 1955; Muslim Personal Law (Shariat) Application Act 1937, and Indian Divorce Act 1869 that explain the conditions and the process of divorce: cruelty, adultery, desertion, etc.
A woman can file for a divorce and may seek relief in the form of alimony, maintenance, and child custody. Law aims to ensure that after the break-up of marriage, a woman is not left in conditions of serious financial or emotional destitution.
Conclusion
Since none of them knows their rights, all married women in India will have to understand that she is protected under law to a great extent on matters of domestic violence, not to mention property rights. So, law ensures the womenfolk are handled with dignity and respect, so knowing and ensuring that those rights are realized important to safety within a marriage.
At Together Thrive, they toil selflessly to share knowledge about these rights, enabling women to take control of their own lives and make informed decisions. With this understanding of laws for women in India-coverage against mental harassment as well as a married woman's rights in India-women can ensure themselves to be treated fairly and justly in their marriages.
The first step in empowerment is, of course, education and awareness; Together Thrive stands committed to ensuring that every woman truly knows her worth and the legal protections available to her.


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