This blog seeks to shed light on the rights of married women regarding the conjugal home. He also listed many cases where married women were guilty of violating their marital rights. This blog presents the various treatments available to women in such situations.
What is a Marriage House?
Marriage residence is a joint residence where a married husband and wife can live or live together.
Section 2(s) of the Women’s Protection from Domestic Violence Act 2005 (“DV Act”) defines a joint family as “a family in which the victim lives alone or with the accused, or lives at all levels of the family relationship”. Rights, titles, interests, including all kinds of rights, titles, interests, jointly or separately, jointly or separately owned or leased by the victim and the defendant, or owned or leased by the victim or defendant or both, including these households. Or interest or interest that may belong to the defendant as a joint family member, whether the defendant or victim has rights, titles or interests in the joint family “married or currently married and husband and wife married in the home. The following are some of the rights a married woman has:
- Address: A married woman has the right to live in the marriage house after marriage. She should not be forced or forced to leave the house.
- Right to Alimony: Every married woman has the right to ask for alimony from her husband if she is unable to earn a living. If a married woman is forcibly removed from the house of marriage, she has the right to demand alimony and alimony so that she can live separately. Married women have the right to demand alimony from their spouse as part of their right to stay in the conjugal home if the husband is unable to provide alimony.
- Right to life and privacy: Married women have the right to control themselves and their lives without parental interference. These effects include physical or mental abuse or violence, including any form of domestic violence.
- Rights: Under civil law (if applicable) or other law, a married woman has the right to claim her portion of the marriage, including the right to live in the wedlock, regardless of whether her husband or father-in-law owns it. May be in such a situation.
- Right to medical treatment: This is a legal and constitutional right. By law, all married women who have been evicted from the house of marriage have the right to seek solutions through an appropriate forum.
Cases faced by women
Dowry Cases: Under the Dowry Ban Act 1961, all dowry requests are strictly prohibited. According to Section 3 of the Act, any act of giving or receiving revolving fees shall be for at least 5 years.
If this request results in the death of the spouse, the offender will also be punished under Section 304B “Dower Death” of Indian Penal Code. Therefore, all transactions involving taxes are prohibited. If the woman is removed from the marriage house because she does not comply with the rights of her husband or wife, she has the right to seek a remedy for deportation.
Cases of Domestic Violence: According to Section 3 of the Domestic Violence Act, “Any act, omission or act or conduct of a person accused of domestic violence when: (a) Injures the person’s health, safety, life, or (b) torture, harm, injure or harm the victim or other persons concerned, whether mental or physical, including physical abuse, sexual abuse, verbal and emotional abuse, and financial abuse A woman may be considered a victim of domestic violence if she has been violated by any of the above groups.
If he is expelled from the marital home because of such violence, he can claim compensation by asserting his right to marital residence.
Physical and mental abuse: Physical and mental abuse is the basis of divorce. If a woman has been physically or mentally abused by her husband or wife, she may seek medical treatment. In addition, eviction from the marriage family leads to physical and mental abuse. In NG Dastane v.s. Dastane (AIR 1975 SC 1534), the court said, “The investigation must be over whether the alleged act of violence would harm the plaintiff from his legitimate fear of being with the accused. Under English law, an act of Persecution is “put in danger” to life, limb or health. Reasonable warning is more important. Or harm.” According to Section 498A of Indian Penal Code, rape by husband and wife is punishable.
Abandonment: If two years have passed since the married woman was expelled from the marriage house, the woman may seek treatment from her husband due to abandonment. Abandonment should not be justified and reasonable with the intention of ending the marriage without the consent of the divorced spouse.
Reinstatement of Existing Marriage Rights: Where the Hindu Marriage Act of 1955 applies, a woman can apply for reinstatement of her marital rights under section 9 of the Act to affirm her right from couples involving harmony or law. Stay together
Judgment / Divorce: After leaving the marriage house, a married woman may wish to dissolve her marriage or divorce her husband because of her husband’s actions that subject her to physical or mental abuse.
Crime: If a married woman is expelled or forced to leave the house of marriage for dowry demand, domestic violence or physical or mental reasons, she may start to commit crimes against her husband and/or husband. Father-in-law under DV Act, Dowry Prohibition Act or Section 498A of Indian Penal Code in 2005.
Conclusion
Married women have many rights, including the right to live with their spouse in the home where they are married. For this reason, women who are not satisfied with being removed from their married family can resort to various remedies, including legal proceedings and criminal prosecution. These may include actions taken to correct marriage laws, divorce or criminal claims for alimony, harassment or domestic violence.
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