Skip to main content

​Women, know your rights before getting married: Rights of daughters-in-law in India

 From the right to residence to the right to maintencance, daughters-in-law have various rights, however, the same are unknown to most!

Women face all sorts of problems in India, beginning with female infanticide, child abuse to dowry deaths as well as marital rapes. The major issue being illiteracy leaves the women unknown of their legal rights resulting in immense emotional and physical pain. Most of all, married women or daughters-in-law are the worst hit considering not much has been said about the legal rights that they are entitled to.


Connect with an expert lawyer for your legal issue


The laws in India may not be specific to address the issues of daughters-in-law; however, they do cover up for most of them. The Constitution of India, being one of the very few documents where gender equality has been taken care of so well, regards daughters-in-law to be at par in the race.


The Supreme Court, in a judgment involving abetment of suicide of a married woman by her husband, has quoted that “Daughter-in-law should be treated as a family member and not a housemaid, and she cannot be thrown out of her matrimonial home at any time". The Court further added, “Respect of a bride in her matrimonial home glorifies the solemnity and sanctity of marriage, reflects the sensitivity of a civilized society and eventually epitomizes her aspirations dreamt of in nuptial bliss. But the manner in which sometimes the bride is treated in many a home by the husband, in-law and the relatives creates a feeling of emotional numbness in society."


Here are the important rights every daughter-in-law or a married woman should know:


Consult: Top Family Lawyers in India

 


Right to Streedhan

As per Hindu law, Streedhan refers to whatever a woman receives (including all movable, immovable property, gifts etc.) during pre-marriage/marriage ceremonies (e.g. godh bharai, baraat, mooh dikhai) and during childbirth.

 

The ownership rights to Streedhan belong to the wife, even if it is placed in the custody of her husband or her in-laws. In case the mother in law possesses her daughter in law’s Streedhan and she dies without leaving a will, the daughter-in-law has a legal right on it, not the son or any other family member.

 

A woman has inalienable rights over Streedhan and she can claim it even after separation from her husband. A married woman does not lose her legal right to Streedhan due to mere separation from the husband. In case, the Streedhan is denied to a married woman, it would amount to domestic violence making the husband and in-laws liable to face criminal prosecution.


Connect with an expert lawyer for your legal issue

 


Right to live with dignity and self-respect

Not only does a married woman have the right to live her life with dignity and to have the same lifestyle that her husband has but also has the right to be free of mental and physical torture.

 

Not many know that the Domestic Violence Act allows a married woman the option to make the husband execute a "bond to keep the peace", or a "bond of good behaviour" through the Executive, Magistrate who can order the husband and the in-laws to put a stop to domestic violence apart from the right to seek divorce on the basis of domestic violence by the husband or any of his family members. The husband can also be asked to deposit securities in the form of money or property that will be sacrificed if he continues to act violently. 


 


Right to a committed relationship

A married woman has the right to have a committed relationship meaning that her husband cannot be in a relationship with another woman unless a legal divorce is finalised. In addition, if the husband is in a relationship with another woman, a married woman can charge her husband of adultery, which also becomes a ground for divorce.


Read more on adultery and divorce laws here.


 


Right to marital home

The household that a woman shares with her husband; whether it is rented, officially provided, or owned by the husband or his relative is called the marital home or the matrimonial home.

 

The Hindu Adoptions and Maintenance Act grants a Hindu wife the right to reside in her matrimonial home even if she does not own it, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house.

 

From time to time, courts have ruled that a woman only has a right to residence in marital home as long as the matrimonial relationship between her and her husband remains intact. Further, the Supreme Court has ruled that a married woman has no special right over the self-acquired property of the in-laws against their consent, as this property cannot be treated as a shared property.


Consult: Top Family Lawyers in India

 


Right to maintenance

A wife is entitled to claim decent living standards & basic comforts of life by her husband as per his living standards. The same is applicable for children born out of the wedlock.

 

Even if the relationship between husband and wife get sour, the husband is not stripped off his duty of providing basic maintenance to his wife and children, where maintenance includes provision for food, clothing, residence, education and medical attendance/treatment and in the case of an unmarried daughter also the reasonable expenses of an incident to her marriage.

 

Read more on maintenance rights of married women here.


 


Right to parental property

The changes made in the Hindu Succession Act allow every daughter, whether married or unmarried, to inherit the property of her father after his death. In addition, even if there is no Will left by the father, daughters have equal right of inheritance as sons to their father's property. Daughters also have a share in the mother's property.

 

Earlier daughters were excluded from being a coparcener. A coparcenary comprises the eldest member and three generations of a family. With the advent of the amendment, now women of the family can also be a coparcener.

 

Further, the Supreme Court has observed that a father is legally entitled to nominate the married daughter to own his cooperative society flat after his death, in exclusion of other family members. The right of others on account of inheritance or succession is a subservient right.


Connect with an expert lawyer for your legal issue


Though the above-mentioned rights are entitled to a daughter-in-law, a lot of issues are still not being addressed legally in India. In hope of a better future of our daughters-in-law, we are spreading the knowledge we have to reach out to the maximum!  

Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more