Women’s Rights in India After Marriage, Legal Rights of Women

/rights-of-a-wife-in-india-lawrato

  • Women’s Rights in India After Marriage, Legal Rights of Women
    https://www.thebetterindia.com/60229/rights-of-a-wife-in-india-lawrato

    Somme toute je préfère la Chine où l’égalité des sexes est un principe fondamental de la législation qui ne connaît pas d’exception pour les religieux. Afin de protéger leurs cultures il y a des exceptions pour les minorités nationales et la montée du capitalisme a fait renaître des pratiques pré-révolutionnaires. Ceci conduit à quelques abus qui n’ont rien en commun avec le caractère systématique et brutal du traitement des femmes mariées en Inde.

    “Once married, a woman should only leave her in-laws’ house when she is taken for her final rites.” This cliched line is often used in daily soaps and movies to denote the unwavering loyalty and devotion an Indian woman is expected to show her husband and her in-laws.

    While it might be tempting to dismiss this as mere melodrama, restricted only to our TV screens, the truth is far more chilling.

    Countless women across the country live by these words, suffering abuse and trauma at the hands of their husband and in-laws.

    Marriage Registration Laws in India - Complete Legal Guidelines
    https://blog.ipleaders.in/marriage-registration-laws-india

    Due to diverse cultures in India, it became difficult for the framers of law in this regard to lay down a due process for registration and solemnization of marriage, keeping in mind the fact that if any law or policy is found adversely affecting any custom of any religion, it is likely to face popular protest.

    Uniting diverse cultures: The Hindu Marriage Act & The Special Marriage Act
    Currently, there are two legislation framed to solve the challenge of Marriage Registration Laws in diverse cultures, they are –

    The Hindu Marriage Act, 1955
    The Special Marriage Act, 1954

    The Hindu Marriage Act , 1955 deals with marriage registration in case both husband and wife are Hindus, Buddhists, Jains or Sikhs or, where they have converted into any of these religions.

    It is to be noted that Hindu Marriage Act deals with only marriage registration that has already been solemnized.

    Whereas, the Special Marriage Act, 1954 lay down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs.

    It is the duty of the judiciary to ensure that the rights of both the husband and wife are protected. In case this union between the husband and wife breaks, it should be determined that if this break-up was a result of actions of any of the parties or not.

    Conditions for a Valid Marriage in India [All Religions] | PocketLawyer
    http://www.pocketlawyer.com/blog/conditions-valid-marriage-india

    Legal Requirements for Getting Married in India
    https://www.tripsavvy.com/legal-requirements-to-get-married-in-india-1539305

    If you’re a foreigner who’s dreamed of getting married in India, you may be disappointed to know that it’s a lengthy and time consuming process to do it legally. You should be prepared to spend around 60 days in India. Here are the basic legal requirements for getting married in India.

    Special Marriage Act, 1954 - Wikipedia
    https://en.wikipedia.org/wiki/Special_Marriage_Act,_1954

    The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The Act originated from a piece of legislation proposed during the late 19th century.

    In 1872 Act III, 1872 was enacted but later it was found inadequate for certain desired reforms...

    The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3 major objectives:

    To provide a special form of marriage in certain cases,
    to provide for registration of certain marriages and,
    to provide for divorce.

    "Necessary conditions for a registered marriage (tax4india.com) - WebCite query result
    https://www.webcitation.org/5syrz9P0c

    Tax4india ›› Indian Law›› Marriage & Divorce Law ›› Registered Marriage
    Necessary Conditions For A Marriage
    ...
    degrees of prohibited relationship

    A man and any of the person mentioned in part I of the first schedule and a woman and any of the person mentioned in Part II of the said schedule are with in the degrees of prohibited relationship.

    THE FIRST SCHEDULE

    PART I

    Mother
    Father’s widow (step-mother).
    Mother’s mother
    Mother’s father’s widow (step grand-mother).
    Mother’s mother’s mother.
    Mother’s mother’s father’s widow.
    Mother’s father’s mother.
    Mother’s father’s father’s widow (step great grand-mother.)
    Father’s mother.
    Father’s father’s widow (step grand-mother).
    Father’s mother’s mother.
    Father’s mother’s father’s widow (step great grand-mother).
    Father’s father’s mother.
    Father’s father’s father’s widow (step great grand-mother).
    Daughter.
    Son’s widow.
    Daughter’s daughter.
    Daughter’s son’s widow.
    Son’s daughter.
    Son’s son’s widow.
    Daughter’s daughter’s Daughter.
    Daughter’s daughter’s son’s widow.
    Daughter’s son’s daughter.
    Daughter’s son’s son’s widow.
    Son’s daughter’s daughter.
    Son’s daughter’s son’s widow.
    Son’s son’s daughter.
    Sister.
    Sister’s daughter.
    Brother’s daughter.
    Mother’s sister.
    Father’s sister
    Father’s sister.
    Father’s brother’s daughter.
    Father’s sister’s daughter.
    Mother’s sister’s daughter.
    Mother’s brother’s daughter.
    For the purpose of this part, widow includes a divorced wife.

    PART II

    Father.
    Mother’s husband(step father).
    Father’s father.
    Father’s mother’s husband(step grand-father).
    Father’s father’s father.
    Father’s father’s mother’s husband(step great grand-father).
    Father’s mother’s father.
    Father’s mother’s mother’s husband (step great grand-father).
    Mother’s father.
    Mother’s mother’s husband (step grand-father).
    Mother’s father’s father.
    Mother’s father’s mother’s husband.
    Mother’s mother’s father.
    Mother’s mother’s mother’s husband.
    Son.
    Daughter’s husband.
    Son’s son.
    Son’s daughter’s husband.
    Daughter’s son.
    Daughter’s daughter’s husband.
    Son’s son’s son.
    Son’s son’s daughter’s husband.
    Son’s daughter’s son.
    Son’s daughter’s daughter’s husband.
    Daughter’s son’s son.
    Daughter’s son’s daughter’s husband.
    Daughter’s daughter’s son.
    Daughter’s daughter’s daughter’s husband.
    Brother.
    Brother’s son.
    Sister’s son.
    Mother’s brother.
    Father’s brother.
    Father’s brother’s son.
    Father’s sister’s son.
    Mother’s sister’s son.
    Mother’s brother’s son.

    The Hindu Marriage Act, 1955 - Wikipedia
    https://en.wikipedia.org/wiki/The_Hindu_Marriage_Act,_1955

    The Hindu Marriage Act by an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).

    The Muslim Women (Protection of Rights on Divorce) Act 1986 - Wikipedia
    https://en.wikipedia.org/wiki/The_Muslim_Women_(Protection_of_Rights_on_Divorce)_Act_1986

    The Muslim Women (Protection of Rights on Divorce) Act was a controversially named landmark legislation passed by the parliament of India in 1986 to allegedly protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto. The Act was passed by the Rajiv Gandhi government to nullify the decision in Shah Bano case. This case caused the Rajiv Gandhi government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted the secular judgement of the Supreme Court.

    Mohd. Ahmed Khan v. Shah Bano Begum - Wikipedia
    https://en.wikipedia.org/wiki/Mohd._Ahmed_Khan_v._Shah_Bano_Begum

    Mohd. Ahmed Khan v. Shah Bano Begum (1985 SCR (3) 844), commonly referred to as the Shah Bano case, was a controversial maintenance lawsuit in India, in which the supreme court delivered a judgment favoring maintenance given to an aggrieved divorced Muslim woman. Then the Congress government, panicky in an election year, gave into the pressure of Muslim orthodoxy and enacted a law with its most controversial aspect being the right to maintenance for the period of iddat after the divorce, and shifting the onus of maintaining her to her relatives or the Wakf Board. It was seen as discriminatory as it denied right to basic maintenance available to non-Muslim women under secular law.

    #Inde #famille #femmes #droit #politique #histoire #hindouisme #islam #laïcisme #divorce #discrimination