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Arpo Chatterjee   25 February 2021

Rights of ny wife after marriage

We got married 4 yrs back happily . durto a misunderstanding between my wife and my mother which is very common in todays society my family wants me to get divorced to m wife . wehave a baby 1 yr old. We are not allowed to enter the house . Its kind of a mental harrasment for my wife .and also all the ornaments gifted to her stree dhan has been taken away by m parents . now that I am taking a stand for my wife my father wants to disown me . How can we get justice


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 3 Replies

Ayush Srivastava (Advocate/Attorney/Solicitor)     25 February 2021

Hi Mr. Chatterjee,

 

I understand the situation you are in and the best possible thing you can do is to try and solve the misunderstanding b/w your wife and family. In case, it doesn't help you, then the options you have are quite harsh that is to divorce your wife or you can live without your parents.

Sachidananda Rath   25 February 2021

such types of attrocities are common , rampant and less talked outside due to social stigma attached with.

The suggestion to abide by parents order to divorce wife against your honest wish tantamounts to obliging to tyranny of parents which rarely comes out due to love and patience of the married son who suffers the most not only mentally but also fear of rough painting by society
The best solution is your wife may please bring these harassments to police and court of justice restraining your parents to proceed with their threat and evil design of disowning

Kevin Moses Paul   26 February 2021

Regarding your query, there are a number of rights that a woman empowers after her divorce. I've illustrated a few crucial one's for you, such that you can get a bigger picture of it.

Most important of all is that a woman has equal legal rights to inherit her husband’s property as other heirs. She can inherit it only if the husband hasn’t prepared a will or hasn’t excluded her from the will.

If a husband remarries without dissolving the first marriage, the rights to the property belong to the first wife.

Section 125 of IPC gives a married woman the legal right to seek maintenance from her husband for a lifetime.
If the marriage fails, the HMA of 1955 provides women with the legal rights to claim maintenance of herself and her children from the husband during (interim maintenance) and after divorce (permanent maintenance).

The amount of maintenance doesn’t include Stree Dhan and is set up by the court on the basis of the husband’s financial and living status (includes up to 25 percent of it).

Regarding the Stree Dhan, I would like to inform that Section 14 of HSA, 1956 and Section 27 of HMA, 1955 protects a woman’s right to stree dhan and gives her absolute ownership of it.

A complaint can be filed under Section 19A of the DV Act if the right is denied.

Here is a link which can enlighten you more about the Stree Dhan and the rights of a woman over it. Have a look for more input -
https://www.lawyersclubindia.com/forum/details.asp?mod_id=215074

For more input on Rights of Woman after Divorce feel free to check on the official website of 'bnblegal'.

Hope It Helps

Regards
Kevin M. Paul

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