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Top 7 Legal Rights of Married Daughters

The Indian constitution ensures women equality and equal protection of the laws under article 14. But it is an irony that most women are unaware of their legal rights. We must find a way to aware them about their legal rights, otherwise, these laws won’t suffice to ensure women’s rights after their marriage.

1. Legal Rights on father’s property:
According to Hindu Succession Act, 1956, the property right of daughters and sons were not the same. It ensured the daughter’s rights on father’s property until she gets married. The act was amended in 2005, and after the amendment, every married daughter has equal rights, liabilities, and duties as their brother’s.

2. Legal Right to be coparceners:
A coparcenary is formed with the four generations of a family. Under the Hindu Succession Act (Amended in 2005), now a married woman have rights to be a coparcener. This enables her legal rights on coparcenary property. An ancestral property has to be shared equally among all coparcenary members.

3. Legal Rights to maintenance by husband:
This right ensures a woman’s security of life maintenance after her marriage. This right is about, the legal rights to be maintained by her husband. A married woman can claim basic living standards from her considering the income and property of her husband. Even after a separation, according to Indian law, she can get up to 25% of her husband’s net income as alimony.

4. Legal Right to child maintenance:
The constitution provides the legal rights to child maintenance. A husband has to provide financial support if his wife is not capable of giving financial support. In addition to, a married woman can seek financial support from the property of her matrimonial for her child, because her child has legal rights on its grandparents and ancestral property. This right ensures a mother’s natural right to maintain her child.

5. Legal Right to residence:
According to the constitution, a married woman has ownership rights to all her money and properties that she gets as gifts from her father’s family before and after her marriage. These properties are called Streedhan.
Another legal right is the right to reside with her husband. A married woman can reside with her husband irrespective whether it is a joint family, self-acquired, ancestral or rental house. She also has rights to live in her matrimonial residence even if her husband’s not there or dead. Many cases in poor families, young women suffer to achieve this right after her husband’s death.

6. Right to a committed relationship:

A married daughter has rights to a committed relationship. Her husband cannot be in a relationship with another woman unless a legal divorce is done. In addition to, she can charge of adultery to her husband if he is in relation with another woman. This is an important right that most women unaware of.

7. Right to live with dignity & self-respect:
It is the right that makes a married woman independent in her husband’s family. A married woman has the legal rights to live a life of same standards of them and live with proper dignity and self-respect in her laws. Also, she can raise her voice against any physical or mental torture.

 

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Hind Hope Society visions a society based on the rule of law in which every individual, including the poor, marginalized and excluded, in particular women, children, peoples with disabilities, adivasis, and dalits, have access to justice and in which their human rights are respected and protected.