Key Provisions for Women under the Hindu Marriage Law

Key Provisions for Women under the Hindu Marriage Law

Marriage is an institution of trust and settlement for a happy life between two individuals. As marriage strikes peace, happiness, growth, and many other aspects of life, every religion has developed its marriage conditions and provisions to ensure the prosperity of marriage.

These marriage provisions are segregated for men and women, and everyone should know them.

As in the case, this blog from us, AM Partners, one of the best legal service companies in India will talk about the Hindu Marriage Law and its provisions for women.

Read this blog and get a clear understanding of the key provisions for women under the Hindu Marriage Law.

What is the Hindu Marriage Law?

Hindu Marriage Law is a set of legal provisions that govern the institution of marriage within the Hindu Community. This law is legislated as per the Hindu Marriage Act 1955.

What are the fundamental aspects of marriage covered in Hindu Marriage Law?

The fundamental aspects of marriage that Hindu Marriage Law covers are as follows:

• Marriage
• Divorce
• Suspension of marriage
• Succession
• Adoption
• Maintenance and Alimony
• Property rights of either spouse

With a general insight into the Hindu Marriage Law, let us move on to explore the rights and provisions of married women according to this law in India.

What are the Key Provisions of Women under the Hindu Marriage Law?

As already mentioned, the Hindu Marriage Law enlists provisions for men and women individually. Here are the women’s rights in the Hindu Marriage Act:

Right to Choose Partner:

The primary undeniable right offered to women in marriage is the right to choose a partner.

The Act ensures that women have the right to freely choose their spouses. Arranged marriages are common in Hindu culture, but the law prohibits forced marriages, thus highlighting the requirement of consent from the women.

Section 5 of the Hindu Marriage Act specifies that a marriage can be solemnized only if both parties freely consent to it. Consent is a cornerstone of the validity of a marriage under Hindu law, ensuring that individuals have the right to choose their partner willingly.

Minimum Age Mark

The Hindu Marriage Law stipulates a minimum age mark for marriage to women.

According to Section 5(iii) of this law, the minimum age for women to marry is 18 years. This provision aims to prevent child marriages and protect young girls from early marriage.

Monogamy

Monogamy means “single spouse at a time” and it is one of the provisions in the Hindu Marriage Law.

According to Section 5(1) of this law, a Hindu man or woman cannot have more than one spouse at a time. This provision ensures women's rights within marriage by preventing polygamy, which can lead to exploitation and discrimination against women.

Right to Property

The marriage law of Hinduism enlists certain wife’s rights to the husband’s property.

As per the law, a wife will have rights over the husband’s marital property and separate property owned by the husband.

Marital property rights include the right to reside in the matrimonial home, which is typically considered marital property. Even if the property is owned solely by the husband, the wife has the right to live there unless there is a legal order or agreement stating otherwise. If the marital home belongs to the husband’s family, then the wife's right to reside may be subject to the family's consent or other legal considerations.

On the other hand, a wife will have inheritance right over the husband’s property on intestinal grounds and the share of the wife varies considering factors such as the presence of children, relatives, etc.

Right to Divorce

The right to Divorce is one of the crucial married women rights.

In unavoidable and critical circumstances that break down marriage, the Hindu marriage law offers married women the right to divorce.

The grounds for divorce can be cruelty, adultery, desertion, conversion to another religion, mental disorder, or incurable disease. This provision gives women an avenue to exit from abusive or unhappy marriages.

Right to Maintenance

Under Hindu Marriage Law, the concept of maintenance ensures that spouses, especially wives, are provided financially during and after the marriage. The right to maintenance is primarily enshrined in Section 24 and Section 25 of the Hindu Marriage Act, of 1955.

Section 24 of the Hindu Marriage Act empowers the court to grant temporary maintenance to women as it deems just and proper. The amount awarded as interim maintenance is determined based on factors such as the financial resources of the parties, their earning capacity, standard of living, and other relevant circumstances.

Section 25 of the Hindu Marriage Act empowers the court to award permanent alimony or maintenance to women on divorce if the court deems it necessary based on factors such as the duration of the marriage, the financial status of the parties, their conduct during the marriage, and their individual needs and responsibilities.

Child Custody and Visitation Rights

In matters of custody, the welfare of the child is paramount, but the Hindu Marriage Act generally favors granting custody of minor children to the mother.

In cases, where the custody of the child is offered to the husband, visitation rights under Hindu Marriage Act are provided for the wife.

On the whole, these are the key provisions for women under the Hindu Marriage Law.

Conclusion

Getting to know the key provisions of women under the Hindu Marriage Law is always advisable if you are getting into a marriage commitment in the future.

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