Right to education, right to freedom, the right to choose a religion, etc - All of us learned about these Fundamental Rights in school. As you all know, our constitution gives every citizen these basic rights to ensure that he or she lives a life without discrimination and oppression. Well, similarly, there are rights for married Indian women that ensure their well-being and prevent them from being oppressed.
While we truly hope that you lead a blissful marital life, but its always better to be safe than sorry.
From right to marital home to the right to live with dignity - here are some laws that define women rights after marriage:
As per the Section 125 of the Criminal Procedure Code, 1973, a husband is not free from his duty to provide basic maintenance like food, clothing, residence, medical treatment/attendance and education to his wife and children even though things turn sour between him and his wife.
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Every Indian daughter-in-law, hailing from any religion, is guarded by the right to live with dignity and self-respect. According to this, every Indian married woman has a right to have the same lifestyle as her husband and in-laws. It is also her right to be free of torture - mental and physical.
Streedhan refers to all the gifts a woman receives during pre-marriage, marriage ceremonies, and during the birth of her baby. As per this provision, a woman has ownership to all her streedhan even after separation from her husband. It includes all movable, immovable property, gifts, money etc. Financial security is the key idea behind this right. However, this right is only for Hindu women. In fact, a Hindu woman’s right to streedhan is protected under section 14 of the Hindu Succession Act, 1956.
Every wife has the right to live in the matrimonial house where her husband resides. Irrespective of whether it is a join family house, an ancestral property, rented house or a self-acquired house.
As per the amendment in the Hindu Succession Act in 2005, every daughter (whether married or unmarried) has the right to inherit the property of her father after his death. Further, they also have a share in the mother’s property.
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Similar to the concept of Streedhan in Hindu religion, Mehr is a gift promised by the husband to the wife at the time of contracting the marriage. The gift can be cash, jewellery, house or any other property which becomes a Muslim wife’s sole property. Paying the promised mehr is mandatory according to Muslim law. Not paying the promised mehr is a breach of Muslim law, which can further lead to unfavorable punishment and consequences for the husband.
According to Muslim Women (Protection of rights on divorce) Act, if a Muslim woman gets divorced, it is her right to get the maintenance charges fulfilled by the husband till the iddat period ends. After the iddat period ends and she is not remarried and is further unable to sustain herself, she can seek maintenance from her parents or District Waqf Board according to Section 4 of the Muslim Women (Protection of rights on divorce) Act.
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