Rights of a Wife: The purpose of this article is to tell you about the fundamental Rights of Wives have. If you are unfamiliar with these rights, this knowledge can prove extremely valuable. We will provide a broad overview of the various rights available to women and the circumstances in which they can exercise these rights.
It is very important for every woman to be aware of her rights. Without this knowledge, one cannot effectively exercise and uphold those rights. So, if you want to be well informed about your rights as a wife, we request you to read this article carefully, as it provides a complete understanding of the subject matter.
Women’s special rights: Table of Contents
Rights of wife
The government has provided many rights to the wives, which include both important and secondary aspects. In the event that any of these rights are violated, a woman is entitled to take legal action. In addition, after marriage, women enjoy additional special rights, which are outlined below.
Rights of women
Every married woman in India has the right to stridhan. This means that any gift or property received by a woman before or after marriage is rightfully hers. If a woman receives any monetary gifts before or after her marriage, she has full right over those gifts, and her husband or in-laws have no claim over them.
Right to reside in husband’s house
After marriage, a woman has an inherent right to live in her husband’s house, whether rented or ancestral. The woman has every right to live with her husband wherever he may be. In cases where the husband works or does business in another city, the woman can choose to live with him and reside in the same city.
Right to marriage
Upon entering into marriage, a woman is entitled to establish a lifelong bond with her husband. As long as the woman is alive and wants to maintain the marriage, her husband cannot marry any other woman. Involvement in extramarital affairs is considered illegal, and the husband may face legal consequences. If a woman is unhappy with her marriage, she has the right to file for divorce and seek legal remedies through the court.
Right to live with dignity and respect
After marriage, a woman has the right to live in her in-laws’ house with respect and dignity. Just as respect is given to other members of the family, a woman should also be treated in the same way. Neither the husband nor his family members are allowed to torture her mentally or physically. If a woman experiences physical abuse or harassment from her husband or his family, she has the option of approaching the court and taking legal action. The offender will have to face appropriate punishment for causing mental agony.
Right to retain one’s surname
After marriage, it is common for a woman to change her maiden surname to her husband’s surname. However, if a woman so wishes, she may retain her maiden surname or may choose to adopt a combination of both her and her husband’s surnames. The law gives freedom to a woman to adopt any surname of her choice and there can be no coercion in this matter. If the husband or in-laws try to pressure her to change her surname, the woman can approach the court and assert her right to retain her chosen surname.
Right to annul the marriage if the marriage does not take place
If a man enters into a marriage but fails to establish any kind of physical relationship with his spouse, the woman can apply for divorce and legally end the marriage. Such a circumstance gives the woman the right to annul the marriage. In cases where the husband has extramarital affairs or the marriage is based on greed for dowry, and the wife is deprived of conjugal happiness, the woman has the option of filing a complaint against her husband. After this, the court may annul the marriage, allowing the woman to legally remarry elsewhere.
Husband’s property rights
After marriage, the wife has equal right on the property of her husband. However, this right is dependent on the husband earning the property through his own labour. If this condition is fulfilled, the wife cannot directly claim the property. In case of divorce, the wife is entitled to half of the total property of the husband, provided she presents her claim through the court. The court ensures fair distribution of property to the wife.
Right to alimony and maintenance
In case of divorce, a woman is entitled to alimony and maintenance from her husband. This compensation is provided until the woman remarries. If the woman chooses to marry another person after divorce, she loses her right to receive any maintenance or allowance. To secure alimony and maintenance from her husband, the woman must file a case with the court, and the court will determine the appropriate amount to be awarded.
Right to divorce her husband
If a woman is not satisfied with her husband and she wants to divorce her husband for any reason, then that woman can legally divorce her husband. Can give divorce to, its conditions are as follows.
- If the husband repeatedly causes baseless conflicts.
- If the husband engages in physical or extramarital relations with another woman.
- If the husband converts to a different religion against the wife’s will.
- If the husband experiences a period of mental instability.
- If the husband suffers from incurable diseases such as leprosy or untreatable conditions that lead to untouchability.
- If the husband subjects the wife to physical or mental torture.
- If the husband harasses the wife for dowry.
In such situations, the woman can apply for divorce from her husband by approaching the court. Once the court approves the divorce, the marriage is legally dissolved, allowing the woman to marry another person as per her wish.
Rights Against Domestic Violence
Unfortunately, women often fall victim to domestic violence. If a woman experiences any form of domestic violence, she has the right to file a complaint. To safeguard against violence, she can seek legal redress by filing a complaint in a women’s court. Once a complaint is lodged, an investigation commences. If the complaint is substantiated, the perpetrators are legally punished, and the woman has the option to divorce her husband. In such cases, the woman’s rights are fully protected.
Right to Pregnancy or Abortion
A married woman possesses the full right to decide on pregnancy or abortion without being pressured by others. If a woman wishes to proceed with a pregnancy, she is entitled to do so without requiring consent from family members. Conversely, if a pregnant woman desires an abortion but faces opposition from her husband or in-laws, she can seek legal recourse to have the abortion performed. However, it is important to note that abortions are permissible only before the completion of 24 weeks of pregnancy. Beyond this timeframe, court approval is necessary to proceed with an abortion.
Right to Father’s Property
Traditionally, upon a girl’s marriage, she did not inherit any rights to her father’s property (Pihar Paksha). However, in recent times, this has changed. If a woman seeks her rightful share of her father’s property even after marriage, she can do so by seeking legal assistance or approaching the court. Legally, a daughter has the same rights as a son over her father’s property. If a woman wishes to claim her share, she can initiate the process at any time. The court ensures that her rights are upheld, and her father or brothers have no authority over her share.
FAQs- Rights of a wife?
Does a wife have rights to her father’s property after marriage?
Yes, legally, a daughter has the same rights as a son over her father’s property. If a woman wants to claim her share of her father’s property after marriage, she can seek legal assistance or approach the court.
Can a wife decide on pregnancy or abortion?
Yes, a wife has the right to decide on pregnancy or abortion without pressure from others. However, abortions are generally allowed only before 24 weeks of pregnancy, and court approval may be required beyond that timeframe.
What are the rights against domestic violence?
A woman has the right to file a complaint against domestic violence. If the complaint is proven, the perpetrators can be legally punished, and the woman may choose to divorce her husband.
What is alimony and maintenance?
Alimony and maintenance are financial compensations that a woman is entitled to receive from her husband after divorce. This compensation is provided until the woman remarries.
Can a wife divorce her husband?
Yes, a wife has the right to divorce her husband under certain conditions, such as repeated baseless conflicts, physical or extramarital relations with another woman, forced conversion of religion, mental instability, incurable diseases, physical or mental torture, or dowry harassment.
In this article, we have provided valuable information regarding the rights of a wife. We hope that you find this information useful. If you appreciate the content, we encourage you to share it on social media and with anyone who may benefit from it. For any queries or concerns, please feel free to leave a comment.