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  • Category: Marriage

    What are women's financial rights while in married life and in case of divorce?


    Are you having a question regarding financial rights of married and divorced women? Looking out for information to gather financial awareness? Check out this page where our experts have responded to your questions.

    In India, many women face financial insecurity because of lack of knowledge about her financial rights in the family as a wife. This frequently leads to financial, social as well as emotional stress in a woman. Such situations can be prevented if a lady knows about her legal rights during the marriage.

    Also, in case of divorce it would be very helpful if separated women knows what she can lawfully claim from the husband. Please help to spread financial awareness on this topic among the women readers.
  • Answers

    4 Answers found.
  • The Hindu Succession Act, 1956, has not given any right to the married daughter on the parental property. Only unmarried daughters were having the right on the parental property. But the act is amended in 2005. As per this amendment, even females after marriage also will have equal rights on parental property equally with their male brothers. Every daughter whether married or unmarried will have equal rights, liabilities, and duties on par with their brothers.

    The gifts received by a lady before marriage or after marriage or during childbirth will be the property of that lady only. No others will have any rights on them. They may be jewellery. immovable property or money. all belong to the lady only. The husband is liable to provided decent living standards and basic comforts to the wife. These benefits are subject to the husband's living standard. This will include food, clothing, accommodation to live and medical expenses. A woman can claim up to 25% of the husband's income even after divorce also.

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  • Married women in India have certain rights as provided under the law. Some rules apply to all while some vary from religion to religion. The salient features of these are as follows -

    1. She has a right to stay in the husband's household whether the husband is living with his parents in the ancestral house or in his own house or rented house or company house.

    2. She has a right to have same standard of living as his husband and in-laws and any departure would be treated as an ill behaviour with her which can also be thought as torture in some cases. This right is given to all the women irrespective of their religion.

    3. Married women have equal proportionate rights as that of their brothers in the property of the parents. In this respect she is to be treated at par with the son. Normally she would not have a right of getting shelter in parents house until she is divorced or deserted.

    4. A Hindu woman has equal right on the property of husband as the sons have after the death of the husband.

    5. For Hindu women her earnings as well as jewellery and gifts given to her at the time of marriage are totally her property and are known as 'Streedhan'. She is free to manage her assets as she wants.

    6. A divorced woman is entitled to a maintenance from his husband and the court would decide the amount of it based on so many factors like whether she is working or have children to support etc. If the husbands belong to a joint family then joint family has to give her the necessary maintenance. If the woman remarries she would not get the maintenance from the husband or his family.

    7. If the case for divorce is under dispute and going on in the court then court can allow some temporary maintenance to the wife.

    If someone is interested to know the variations in these rules for other religions then one has to go for the details of these rules and regulations as provided in law for those specific religions.

    Knowledge is power.

  • In India, marriage is considered as a pure institution where two souls are united despite the difference of gender and having different temperament and charecterestics. The constitution of India under article 14 backs women folk and their rights in the country.
    Following are the seven rights of the women providing them their security in the married status -
    1) Rights to Reside at Martial Home - Maintenance act 1956 entitles wives a basic right to reside in the matrimonial households. The house may be owned by the husbands or his parents, a rented property or an accommodation provided by the officials.
    2) Rughts to Streedhan - The main objective of providing Streedhan to married women is to provide her some monetary safeguards after marriage. Any denial of Streedhan will amount to criminal charges.
    3) Rights to maintenance by Husband - The basic amenities include food, clothing, residence, education and medical expenses in relation to treatment by a competent doctor. According to Indian Legal System a woman after separation can claim up to 25 percent of her husband net income as an alimony.
    4) Rights to Child Maintenance- in case of hardship of money in their married life, the couples can take support from their parents for the proper maintenance of the children born as a result of marriage.
    5) Rights to Commited Relationship- A happy and successful married life cannot be led without proper commitment from the partners equally. A married woman has the right to have committed relationship unless the case of divorce has been filed. This signifies that her husband cannot be in a relationship with other woman outside the marriage.
    6) The act of 1956 did not provide equal rights to the daughters in relation to father's property but now the same has been amended with the introduction of an act in 2005 providing the women folk equal rights in relation to distribution of the property where in the women folks have the equal rights in the parental property.
    7) Rights to live with Dignity and Respect- A wife has the legal authority to live with proper dignity and self respect with her in laws. This legal right provides married women independence after marriage.

  • A strange question in case of talking about financial rights in the family as a wife as we know when a couple gets married, they take an oath in front of God and people that they both will stand for each other in sickness and in health, in sorrow and in joy, in poverty and in wealth, till death do us apart which means that through marriage, when two-body and soul becomes one, so also their financial, legal as well as all the duties of a family is abided on them as they would now become a separate family. If the husband is the only earning member or both are working, the money is termed as ours or for the family. Both(Husband and wife) share the same portion and maybe, one may act as the head and allocated or distribute the fund accordingly. The wife has the full right on her husband, his property, salary and saving as they are now one family. The rights may vary from state to state but some of the basic ones are:
    i) One can have joint bank accounts, Joint property, etc.
    ii) One can have her name in the ration card, and other documents.
    iii) Has equal rights on husband's property, accounts, wealth at present an upon his death.
    iv) Has the right to receive the husband's Social Security, pension, compensation, or disability benefits of her husband.
    v) Take every action for her husband's monetary loss, death, property, will, etc.

    In the case of divorce: The divorce as we know is a painful fate that takes place between the couple as they feel, they cannot live together any longer and they would like to part away either mutually or through a contest. Before filing for divorce, there are certain things that both of them know i.e about property, wealth, will, etc and thus both can apply in their defense or agree accordingly. In a divorce, maintenance or alimony is the common term used for monetary compensation granted to a spouse who is unable to support himself or herself. According to the Special Marriage Act 1954 and 125 CrPc Common Social Welfare Law, there are two types of alimony and maintenance.
    i) Interim alimony - It is the maintenance amount given during the time of court proceedings.
    ii) Permanent alimony and maintenance - t is the maintenance amount given after the legal separation. In this type, the alimony amount is fixed by the court and is required to be paid in a fixed period or as a lump sum amount and is effective upon the dissolution of the marriage or judicial separation. Generally, it can be 1/3rd to 1/5th gross earnings and when it's a lump sum not more than 25% of husband's salary.

    Some more key rights of the women are:
    a) Right to a committed relationship - If a husband is charged with adultery, the wife can file for divorce on the grounds of his extra-marital relationship.
    b) Right to maintenance by husband - As given above, a wife is entitled to claim decent living standards & basic comforts of life as per the husband's living standards.
    c) Right to Streedhan (Dowery) - The wife can claim all the gifts and money given to her before and after marriage such as jewelry, property, almara or cupboard, gifts, appliances, gadgets, money if any, etc. This includes items given from family, relatives, friends, husband, in-laws, and acquaintances as well as savings and investments made from her earnings.
    d) Right to child maintenance - The parents i.e. both husband and wife are in charge of the child and thus he /she has every right on ancestral property and even claim maintenance for a good bringing-up of the child. In the case of a male child, it is upto the age of 18 but for the girl child, it is upto her marriage.
    e) Right to residence - The wife has the right to reside in the matrimonial household whether it is an ancestral house, a joint family house, a self-acquired house or a rented house but it is not as easy as it seems and it can have many legal complications thus it is always better to stay away for peaceful living.
    f) The girl child or even the married girl child has equal rights in the property of the parents and thus can ask for it from her parents or can even stay with her parents in the worst situation after her divorce.

    “The most important thing in life is to learn how to give out love, and to let it come in." — Morrie Schwartz


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