Introduction
Marriage is believed to be one of our society pillars. On the other hand, the marriage comes with a set of rules and responsibility that each gender must fulfill it.
Once a woman is married, According to society she supposed to" leave her parential house and goes to her in-laws house until it's her final rites". This is the very famous line used by society.
Even today, we don't teach the girls how to deal with the painful Marital union. The stigma attached to terms like divorce and separation indicates this. However the things have changed, the girls are no longer reliant on the any male family member. Now the girls also living their live independently.
Every woman, whether married or not, young or old, should be aware of the specific laws and Rights for married woman.
1. Laws of marriage:
Law of marriage as per law means a contract between a man and woman, where they promise to support each other in household works. Right to marriage is mentioned under article 21 of Indian constitution[i] and Article 16(2) Universal Declaration Human Rights 1948.[ii]
2.Hindu Marriage Act
The ancient Hindu Law considered marriage as a sanskar, where a relation between a man and woman to achieve four goal Dharma, Arthas, Kama, and Moksha.
The Hindu Marriage Act is an Act of the Indian Parliament that was approved on May 18, 1955. The Hindu Succession Act, 1956, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoptions and Maintenance Act, 1956 were all enacted at this time as part of the Hindu Code Bills. The Hindu Marriage Act, 1955 was passed to protect the legal rights of Hindu brides and grooms who are joined by the holy bond of marriage. The type of ceremony that must take place has not been specified by law because there are numerous methods by which a man and woman can be wed in accordance with Hindu tradition.
2.1. Essential of valid Hindu Marriage Act:
Legally the court has customized rules for Hindu in India to regulate the affair of post marriage life. Some provisions are:
In Marriage, no one can have more than one husband and wife. If the spouse wish to marry after first marriage, then it must be a divorce certificate or death certificate.
1.1.(a)The minimum age of marriage are set 18 years for women and 21 years for man.[iii]
1.1.(b)The husband and wife must be live life consentual independent. No one is facing any kind of illness whether it can be physical, mental, emotional.
2.2. Void marriage of Hindu Marriage Law
Section 5(4) of Hindu Marriage Law states conditions for ill fit of marriage registration:
1.2.(a) Relative or family member of spouse have same lineage, then the marriage certificate can be stop.
1.2.(b)Illegal sex marriage with family members of spouse is also not supported under Hindu Marriage Act.
3.Muslim Marriage Act
3.(a) The Muslim Law is uncodified as Quran is silent or incomplete.
3.(b) Muslim Marriage is mere a contract where two persons make contract only on sexual pleasure and legal children.
3.1 Essential of valid Muslim Marriage Law:
3.1.(a)In Muslim Marriage contract the proposal in urdu which stated as "ijad" and acceptance by doing "qubul" in urdu. Both has to be done in same meeting with the proper witness.
3.1.(b)Both parties have attained the major. Bride and Groom must be sound mind while performing "nikah" and should be Muslim.
3.1.(c)Dower and Mehr is defined as the money or property given by husband to his wife as a security and mark as a respect to wife.
3.1.(d)Both the parties required free consent means free from fraud, mistake of fact, etc.
3.2 Tripal Talaq
Tripal Talaq also known as Muslim women (Protection of Right on Marriage) Bill 2019, which was passed by parliament on 30 July 2019 and make a Tripal Talaq made a criminal offense.
3.3 Shyara Bano VS Union of India and Ors
Tripal Talaq occurs when a husband pronounces three repudiation at once and say "Talaq" word without any gap.
Muslim women a treated by a husband very badly. They treated the woman as their foot, and also they use woman as a machine who gave birth to their child.
This is the violation of the Fundamental Rights in Article 14, 15, 21 of Indian Constitution.
4. Special Marriage Act
The Marriage Act is valid for all citizens of country, regardless of caste and religious.This act approved the marriage of two different Religion people. But they are some rules to be followed:
4.1 Marriage Registration is mandatory in marriage. [iv]
4.2 Both the parties should be sound mind at that moment.[v]
5. Same Sex Marriage
5.1 In India the same Sex Marriage is still not legalized. Today we always talk about freedom as well as Human Right. So its time to legalized Same Sex Marriage.
5.2 "Lata SinghVs State of Uttar Pradesh" : The Supreme Court says that Right to life under Article 21(46) means each every citizen of India have Right to Marriage as per choice and personal liberty.
6. Child Marriage
According to Dharamshastra, there is a tend that when a girl hit his puberty, then the girl has to be marry.
It is a discrimination to the woman, which was also protest by some reformer like Raja Ram Mohan Roy, Ishwar Chandra Vidya Sagar.
The Indian Penal Code, 1860 provides that marriage below 10 years considered as a rape. Later 1929, the Child Marriage Act pass to stop the practice.
7. Married Woman Rights
In ancient time the Married woman has been subjected to lot of violent. Whether it was Sati, Dowry, or Domestic violence. Even today the educated people also practice them.
The Woman instead of protecting himself, they choose silent, because of unaware of married woman Right in India:-
7.1.Right against Domestic Violence:
Domestic Violence Act was given the protection to wife from her husband or by his family. The married woman of India have a Right to file a petition against her husband or in laws on any kind of harm Whether physical, mental, emotional.
If your facing any kind of violence you can take the following steps:
7.1.(a)Women can file "Zero FIR"
7.1(b)Call your family and friends and ask for the help.
7.1(c)National helpline Number 1091.
7.2.Right to Reside in Marital Home:
According to Hindu Adoption and Maintenance Act, the wives have a Right to reside in Maritate House.
The Matrimonial home is basically a house which a woman share with husband. The Matrimonial house can be ancestal or Joint family house, where a daughter in law reside with them. She can also reside in Matrimonial Home even if husband is not there or is dead.
7.3.Right to Streedhan:
Streedhan refers to the gifts given by women family during marriage or childbirth. Which may include movable or important, ornaments, gifts, money, etc.
The main objective of Streedhan is to provide a married woman with financial safety after her marriage.
Even the Supreme Court has given women a absolute Right over Streedhan. If a woman is getting divorce then also she don't lose the Right to Streedhan. The husband and in laws will be liable to criminal charges if they deny Streedhan to the woman.
7.4.Right to Parential home:
Ancient time the woman had no right over parential house or property. Now the married woman has equal rights with their male siblings even after marriage.
Initially the Hindu Succession Act did not give daughter and son equal rights in father property until they got married.
In 2005, the Hindu Succession Act was revised. Now the new state says that every daughter, whether married or unmarried has equal rights with male siblings on father property after his death. Even father does not sign any will before death, they can take help of court for legal assistance.
7.5.Right to Live with Dignity and Respect:
The wife has to legal rights to live with dignity and Self Respect with her in laws.
7.6.Right to Maintenance by Husband
Wife's has Right to claim proper basic standards of life from her husband.
8.Conclusion
After all the women Right after marriage in India. Rules of married woman in India society includes the woman own identity to leave behind and becomes only wife. However, she should also should stand for her right and to empower himself.
9.Citation
[i] Article 21 states that No person shall be deprived of his life or personal liberty except according to a procedure established by law. Thus, article 21 secures two rights: 1) Right to life, and 2) Right to personal liberty.
[ii] Article 16
*Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
*Marriage shall be entered into only with the free and full consent of the intending spouses.
*The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
[iii] According to Hindu Marriage Act, 1955, Section 5(iii) says that 18 years is minimum for bride and 21 years is minimum for groom.
[iv] The Supreme Court in year 2006 through the case of Seema vs Ashwani Kumar, held that any marriage solemnized between citizens belonging to all religions must get their marriage registered.
[v] Under Hindu Marriage Act, 1955, conditions in respect to mental disorders (Section 5(ii)), which must be met before the marriage is solemnized, are as follows: Neither party is incapable of giving a valid consent as a consequence of unsoundness of mind.