Even now, we don’t really teach our daughters or future wives how to handle an emotionally difficult marriage. That is demonstrated by the shame associated with terms like split and divorce. But things have transformed and women seem to be no longer reliant on their close friends or relatives for information, at least not all the moment. All women, whether they are young, old, or already married, ought to be aware of their legal obligations. If women are informed of their statutory rights, they might punish any mistreatment in marriage and demand release from the union and integrity. Check out some of the best divorce advocate in bangalore
Entitlement to the marital residence
The Hindu Marriage Act (HMA), 1955 does not stipulate that a married lady must not reside with her parents. She may stay so whenever and as long as it’s legal.
A daughter is granted the same legal opportunity to inherit her father’s assets as her brother, regardless of whether she is married, as stipulated by the 2005 modification to the Hindu Succession Act (HSA) 1956.
Domestic violence reporting privileges
The Protection of Women Under Domestic Violence Act (D.V. Act), 2005 permits women to report domestic abuse. This law makes it illegal to mistreat someone physically, emotionally, sexually, financially, or in various other ways. She is protected under the law, support, guardianship, payment, as well as the right to remain within the same home.
The Medical Termination of Pregnancy Act of 1971 grants a woman complete autonomy to end her pregnancy even without her partner’s consent. The maximum time for having an abortion has been increased to 24 weeks.
Women have the constitutional right to sue for separation without their husbands’ permission under Section 13 of the HMA 1955. The reasons for the separation include adultery, abuse, abandonment, being kicked out of the marital residence, mental illness, and more. Separation by common agreement is allowed under Section 13B of the Act.
Ability to request compensation and maintenance
A married woman has the legal power to demand lifetime support from her husband under Section 125 of the IPC. The HMA of 1955 gives women the statutory right to request support for themselves and their children from the spouse both during and then after divorce if their relationship fails.
Abuse and the prohibition of dowries
- The dowry system is forbidden by the Dowry Prohibition Act of 1961. A lady has the right to file a complaint about her in-laws or her parents for paying dowry.
- Under Sections 304B and 498A of the IPC, which criminalizes dowry abuse, she could report any incident of abuse she encounters at her husband’s place.
- The Section makes it illegal to torment a bride for dowry by acts of cruelty, domestic abuse (physical, psychological, or sexual), encouragement of suicide, and dowry deaths.
- While forceful sex can be recorded under the Domestic Violence Act and Dowry Harassment, marital rape is not yet a crime in India.
A woman has a right to her stree dhan is protected under Section 14 of the HSA of 1956 and Section 27 of the HMA of 1955, and she has been given complete proprietorship of it.