The
constitution has provided many rights to married women. Some of the key rights
are:
1. Right to
Streedhan – A wife has ownership rights to all her streedhan, that is the
gifts and money given to her before and after marriage. The ownership rights to
streedhan belong to the wife, even if it
is placed in the custody of her husband or her in-laws.
2. Right to
residence – A wife has the right to reside in the matrimonial household
where her husband resides, irrespective of whether it is an ancestral house, a
joint family house, a self-acquired house or a rented house.
3. Right to
a committed relationship – A Hindu husband cannot have an affair or marry
another girl unless he is legally divorced. A husband can be charged of
adultery if he is in a relationship with another married woman. His wife also
has the right to file for divorce on the grounds of his extra-marital
relationship.
4. Right to
live with dignity & self-respect – A wife has the right to live her
life with dignity and to have the same lifestyle that her husbands and in-laws
have. She also has the right to be free of mental and physical torture.
5. Right to
maintenance by husband – A wife is entitled to claim decent living
standards & basic comforts of life by her husband as per his living
standards.
6. Right to
child maintenance – Husband and wife must provide for their minor child. If
the wife is incapable of earning a living, the husband must provide financial
support. If both the parents are financially incapable, then they can seek help
from the grandparents to maintain the child. A minor child also has the right
to seek partition in ancestral property. Definition of marriage:
The dictionary
defines marriage as “The legal union of a man and woman as husband and wife.”
The definition of marriage can be looked at from a legal perspective.
A legal
dictionary defines marriage as “the state of being united to a person of the
opposite sex as husband or wife in a legal, consensual, and contractual
relationship recognized
and sanctioned
by and dissolvable only by law.” Legally, marriage is a binding contract
between the two parties that joins together their possessions, income, and
lives.
Marriage Under
Personal Law
Marriage,
according to the Hindu Law,
Marriage is a
body for the performance of religious duties. It is deemed as a holy union in
Hindu Law.
It is also
considered to be an union of flesh and flesh and blood and blood. It is a
religious sacrament and not a civil contract.
Marriage,
according to the Muslim law:
Quran states
“every person must marry”.
Quran asserts
that marriage is the only way to satisfy one’sdesire. Marriage (nikhaH) is
defined to be a contract which has for its object the procreation and the
legalizing of children