Even today, women in most homes are unfairly burdened with household and childcare responsibilities.
For many women, the demands of their married life require them to put their careers on a backseat. This is one of the key reasons for women to become economically dependent on their husbands.
In such circumstances, the husband or in-laws are able to threaten to withdraw financial support if any domestic troubles arise. The situation can become much more complicated for women with childcare responsibilities.
The Constitution of India recognises the discrimination and abuse women in India suffer and have suffered for centuries. It safeguards the rights of a wife in her husband’s home and ensures that the husband cannot deprive her of her rights to a safe and violence-free household.
Read on to know about the rights you are entitled to as a wife.
Right over your streedhan
- As per Hindu law, streedhan refers to gifts that a woman receives during her wedding, including before and after the wedding. For instance, gifts received by the bride during various Hindu wedding ceremonies like sagai, mooh dikhai, god bharai, etc. will be considered as her streedhan.
- Streedhan can include movable and immovable properties, gifts, ornaments and money.
- A woman has absolute ownership rights over her streedhan.
- Streedhan belongs to the wife even if it has been placed in the custody of her husband or her in-laws.
- Women don’t lose the right over their streedhan even after getting a divorce from their husband.
- If the husband and in-laws deny returning streedhan to the wife, they can be liable to criminal charges.
- Similar to the concept of streedhan in Hindu law is the concept of meher or dower under Muslim law. Muslim women get absolute ownership over their meher and are free to use and dispose it of as they please.
Right to residence
- A wife has a right to reside in her marital home, which is the house that she shares with her husband.
- It doesn’t matter whether the marital home is owned or rented by her husband or her in-laws, or whether the marital home is an ancestral property or a joint family house.
- A wife has a right to reside in the marital home even if the husband is not there or has died.
- If there are ongoing divorce proceedings, the wife may choose to live in her marital home until there is a proper place for her to move in to.
Right to report against domestic violence
- A woman has a right to file a complaint of domestic violence against her husband or her in-laws if she faces any physical, emotional, mental, sexual, verbal or economic abuse at home.
- Read “Am I a victim of domestic violence?” to know what constitutes domestic violence.
Right to be employed
- Married women do not need the approval of their husband or in-laws to be employed. Women, married or not, are free to earn a living.
Right to a committed relationship
- If a man is involved in an extra-marital affair, his wife has a right to file for a divorce on the ground of adultery (except under Muslim personal laws).
- Under Indian law, a married man cannot marry another woman. In other words, a man cannot keep two wives at the same time (except under Muslim personal laws).
Right to live with dignity
- A wife has the right to live her life with dignity and self-respect, and to have the same lifestyle that her husband and in-laws have.
- A wife also has the right to live a life that is free of mental and physical torture.
Right to file for a divorce
- A woman can legally file for a divorce without the consent of her husband on several grounds.
- Please read “On what legal grounds can a woman file for a divorce?” for details.
Right to get an abortion or to refuse to get an abortion
- A woman has a right to terminate a pregnancy without the permission of her husband, in-laws or other family members.
- Women can terminate their pregnancy at any time, until 24 weeks of pregnancy. For more information, please read “Is it legal to terminate my pregnancy?”.
- In certain cases, the Indian courts allow women to terminate their pregnancy even after 24 weeks.
- No one has a right to terminate a woman’s pregnancy without her consent.
Right to claim child’s custody
- Under Indian law, both parents have been given equal custodial rights and duties towards their child. However, if the child is below five years of age, the mother is given superior rights.
- A woman has a right to take her child along with her while leaving the marital home without any court order.
- A woman can claim the custody of her children after her divorce or separation, regardless of whether she is employed or unemployed. She can claim child maintenance from her husband.
Right to report dowry related harassment
- Dowry related harassment in the form of cruelty, domestic violence, abetment to suicide and dowry death is a criminal offence under the Indian law.
- A woman can file a report against her parental family and her in-laws for exchanging dowry.
Right to property
- A woman has a right to inherit her husband’s property in equal share to any of his other legal heirs after her husband’s death, unless her husband excludes her from his will.
- Similarly, in case of the wife’s property, the husband has no rights over it while she’s alive. After her death he gets a share equal to her legal heirs unless she excludes him from her will.
Right to seek maintenance and alimony
- A woman can claim financial maintenance from her husband, for herself and her children, especially if he earns more than her.
- If a Hindu husband treats his wife with cruelty, abandons her, marries or lives with another woman, converts to another religion or has a venereal disease, the wife is entitled to live separately from him and still receive maintenance payments from him.
- A wife is entitled to claim decent living standards & basic comforts of life from her husband. Though, the benefits are subject to the husband’s living standards, his income and resources.
Right to child maintenance
- Both husband and wife must provide for their minor child. However, where the wife is incapable of earning a living, the duty to provide financial assistance to the child falls on the husband.
Women in our society are quite frequently reminded of their responsibilities as wives. How many of us are truly aware of the rights we are entitled to after we are married?
Awareness of the law is essential to recognise when our rights are being violated.
[Disclaimer: This post is an attempt to raise awareness of laws affecting Indian women. The post is only for general information and is not meant to substitute legal advice.]
