#Law and Her

Marriage Rights of Indian Women : 5 Important Laws You Should Know

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Marriage Rights of Indian Women : Living in a male-centric culture, it is basic that each wedded woman in India think about her own lawful rights and the laws relating to marriage. Marriage often implies ‘responsibility’ to take over the home front and dealing with the requirements of the family and often forgetting one’s own priorities. That said, whether or not a woman is working outside the home or is a homemaker, she needs to be aware of the laws that matter for her. There is no guarantee that marriages will last and hence every woman should be aware of what laws does the Indian legal system have for her.

1. Right To Maintenance By Husband

125 of the Criminal Procedure Code, 1973 states that a wedded woman has the option to make claims for everyday comfort and essentials of life from her significant other. The advantages are dependent upon the spouse’s living standards and his pay as well. The spouse needs to give essential support even if there should arise a reason for separation, as long as the woman has not remarried.

2. Right To Residence

Section 17 of the Protection of Women from Domestic Violence Act, 2005, awards the woman the option to keep living in a common family unit, even after separation. No lady needs to leave her married home. Anyone confronting abusive behaviour is allowed by law to stay in the house of her husband whether or not she is a co-owner. For abuse, she may independently file complaints but will not be forced out of the house by any means.

Marriage Rights of Indian Women : Living in a patriarchal culture, it is basic that each wedded woman in India think about her own lawful rights and the laws relating to marriage

3. Marital Rape Laws

When a man forces intercourse on his wife, it is termed marital rape. To this day, marital rape is legal in India. Section 365 of the Indian Penal Code which legally defines rape says only sexual intercourse by a man with his wife is not rape unless the wife is under fifteen years of age.

4. Divorce

As indicated by the Indian Divorce Act, 1869, the spouse or wife can record a request for separate on the accompanying grounds if their better half has:

submitted infidelity; or

wouldn’t consummate the marriage; or

regarded solicitor with so much remorselessness as to cause sensible worry; or

has not been known about as being alive for a time of seven years or more; or

changed over to another religion; or

abandoned the candidate for at any rate two years, and so on

5. Period of Waiting For Mutual Consent Divorce

Under Section 13B of the Hindu Marriage Act, 1955, after the request for divorce is documented, the couple need to hang around for at least six months until the court can pass a declaration for separate. This timeframe is given so the candidates can revaluate the divorce. Until the separation order is passed, common assent should proceed. A few courts hold that the time of a half year is obligatory, however the Delhi High Court has held that the time of a half year can be excluded in specific cases.

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