Marriage is a pure bond between the husband and wife; it binds people and families together. Marriage can turn out either successfully or fail terribly. The major drawback is society as it makes difficult for women to speak and take action against marital violence. Therefore, married woman has to know her legal rights. Hence, we at G.S. Bagga & Associates provide a detailed list of Indian legal rights of an Indian woman.
RIGHTS OF A MARRIED WOMAN
- RIGHT TO MATRIMONIAL HOME – This Right entitles a wife to legally stay at her matrimonial home in such circumstances when her spouse dies, victim of domestic violence. It is her choice to live in her matrimonial home until she has found a proper place to move in and if she has found her living space she can legally stay there if she wants to.
- RIGHT TO DIVORCE – This Right entitles a wife to file for divorce without any consent from the husband, if the wife is subjected to infidelity, cruelty, physical and emotional violence etc. According to law, under Section 13 of the Hindu Marriage Act, 1955 a wife can file for divorce and under section 125 Cr.P.C a wife can claim maintenance, a wife can rightfully claim maintenance for herself and her child from her husband.
- RIGHT TO STREE DHAN – This Right Entitles a wife to claim her streedhan as she is the sole owner of the her own property under section 14 of the Hindu Succession Act, 1956 and under section 27 of the Hindu Marriage Act. Under section 19A of the protection of women against domestic violence act a wife can file a complaint if her right is denied.
- RIGHT TO CLAIM CHILD’S CUSTODY – This right ensures wife to claim the custody of her child especially if her child is 5 years of age. The wife can take her child to her matrimonial home without legal order. Even if the court orders equal custody to the husband and wife, the wife can have the custody in a event of a disputed home.
- RIGHT TO ABORTION – This Right ensures the wife to legally abort a pregnancy without the permission of her husband or family. According to law under medical termination of pregnancy Act, 1971 that gives the right to terminate the pregnancy until 24 weeks.
- RIGHT TO PROPERTY – This Right ensures a wife equal rights to inherit her father’s property even after she is married. The wife has the right on her husband’s property. If the husbands marry second time without divorcing the first wife, the first wife shall have all the property rights.
- RIGHT TO REPORT DOMESTIC VIOLENCE – This Right ensures the wife to file a complaint against her husband and his family if she faces domestic violence such as acts of physical, emotional, sexual, and economical or any acts of ill- treatment.
- RIGHT TO REPORT DOWRY AND HARRASMENT – This Right ensures the wife to report against her husband and his family if any exchange of dowry is involved in the marriage. According to law under section 304B and 498A IPC criminalises the exchange of dowry and harassment of any kind.
HOW LAWYERS AT THE LAW OFFICE OF G.S BAGGA AND ASSOCIATES HELP YOU?
- We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
- We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
- We help is maintaining the local assets, collect records, liabilities so that the divorce settlement is addressed.
- We ensure that our clients receive the share of property that the marriage has brought in.
- We help in protecting our clients from any debt that is owed to the other spouse.
- We provide great assistance while preparing the papers for divorce with all the important essentials and information required.
- We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
- We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.
- We ensure our best in winning the case for our clients.
- We ensure that our clients are taken care of every need and provide the justice that they want.
We are always happy and ready to assist you in your hard time.
We are just a call away!
Thanks for reading our blog!
Your review and comments are valuable for us. Please do not hesitate to improve us should you have any suggestions or opinion.
Together we can and bring CHANGE in the society!