Court Marriage in India is a very popular alternative for couples who want to keep their marriage affair simple and economical or with inter-religion/inter-caste background. It also acts as a sanctuary for couples going against the wishes of their family members. Unlike traditional marriage where numerous rituals and customs are followed, Court marriage is fairly a simple procedure, performed before a marriage registrar and few witnesses.
The Special Marriage Act, 1954 has laid down the concept of Court Marriage. It provides for marriage between couples belonging to different religion, caste or creed or nationality, by way of civil ceremony. It also solemnizes and registers a marriage, at the same time.
The Special Marriage Act, 1954 has laid down certain conditions that parties have to meet before mutually entering or signing the Civil Marriage Contract. These conditions are as follows: –
Filing Application or Notice of Intended Marriage
The parties need to file a notice/application in writing in the prescribed format provided in Schedule II of the Special Marriage Act.
The notice has to be submitted to the Marriage Registrar of the district in which any one of the parties has resided for at least 30 days preceding from the date of serving the mentioned notice.
After the notice has been filled, The Marriage Officer of the district to whom the notice has been served shall publish the notice.
The notice shall be published at a conspicuous place in the office and one copy in the office of the district where (if) the other party permanently resides.
Any person can raise an objection to the marriage to the Marriage Officer of the district on the specified conditions as mentioned in Chapter II, Section 4 of the Act. If the Marriage Officer receives any objection within the 30 days from the date of publication of the notice, the marriage cannot be solemnized.
Either of the party to the marriage can file an appeal at the District Court within the local limits of the district under the jurisdiction of Marriage Officer within 30 days from the date of the refusal to solemnize the marriage.
If no objection is received before the expiry of 30 days, the marriage will be solemnized at the Specified Marriage Office. The parties to the marriage must be present at the office along with 3 witnesses at the Office on the given date of Registration/Solemnization.
The Marriage Certificate is issued by the officer in the specified format which has to be signed by both the parties and 3 witnesses. It is the conclusive evidence of the Court Marriage.
It is not mandatory but yes, a lawyer will be helpful in resolving any legal issues and guide you in filling or submitting the documents/formats involved in the procedure mentioned above. Also, if there is any apprehension of objection, hiring a family lawyer would be a wise move as one can help in filing appeals or fighting your case in the court on valid legal points.
If one party is of foreign national, then also marriage may be solemnized before the Marriage Registrar in India or Marriage Officer in a foreign country.
There are certain additional documents are needed:
Adopting a child is certainly a huge decision one can make. There are lot of considerations that are to be dwelled upon before making a move. It influences you emotionally and financially. There are questions not only w.r.t your capability as a possible new parent to the child, you also need to face numerous legal complexities that comes along with it.
Adoption is a legal affiliation of a child and it forms the subject matter of personal law. There are three major legislations governing adoption process in India: The Hindu Adoption and Maintenance Act of 1956, the Guardians and Wards Act of 1890 and the Juvenile Justice (Care and Protection) Act of 2000, amended in 2006.
The adoption under Hindu law is governed by Hindu Adoption and Maintenance Act of 1956. Muslims, Christians and Parsis have no adoption laws and have to approach court under the Guardians and Wards Act, 1890. Muslims, Christians and Parsis can take a child under the said Act only under foster care. People of these faith, adopt under Guardians and Wards Act of 1890.
All adoptions in India are required to follow the procedure set out by the Central Adoption Resource Agency (CARA).
The child’s biological parents have the right to relinquish their child to licensed adoption agencies. These agencies draw a paperwork to legally terminate the biological parents’ rights. They are given 60 days after the papers are signed to be as sure as possible before their rights are irrevocable terminated.
At the end of 60 days after the relinquishment, the child becomes a ward of the state and the process to find a more permanent solution is started.
An aspiring adoptive family will need to approach a licensed agency. The list of licensed adoption agencies is available at the CARA website. Thereafter, they undergo a process of counselling so that they get a more real expectation of adoptive parenting and complete the paperwork required.
Paperwork: For an aspiring adoptive parent, paperwork is the start of the legal process of adopting a child. It evaluates their strengths and address any weaknesses their application may have. People applying as single parents are required to show evidence of a support system for the child.
List of documents required for adoption are:
Home Visit: A home study involves a visit to the prospective adoptive home to get an idea of the couple/person applying. It is undertaken by the social worker or a child adoption agency.
After the home study, the couple/person is listed on the agency’s waitlist. The time between completing the application and identifying the child for placement is influenced by how many adoptive families have been placed on the waitlist and how many children have been cleared for adoption.
Placing the child: The agency tries to match some feature of the child with the adoptive family in the interest of the child.
Once a child is identified, he/she is placed with the family under ‘foster care’, before the adoption deed is finalized. This part of the process can take some time given the court’s workload. Until the adoptive deed is final, the adoption is not legally final.
Birth Certificate: When the adoption deed is issued by the courts, the adoptive family can apply through the courts for a birth certificate. The birth certificate with the agency’s name as the parent is superseded by the new birth certificate issued. The new birth certificate mentions the adoptive parent(s) names as Father/Mother.
Indian citizens, NRIs and non-Indians residing outside India can adopt a child from India. While these adoptions are also legalized under one of the three Acts mentioned above. The rules related to these adoptions can be different.
Assessing the capability of the applicant
A Child Welfare Agency licensed by the government of the country in which the foreigner resides must sponsor every application of a foreigner for adoption of an Indian child. This agency will appoint a professional social worker to prepare a Home Study Report that will indicate the basis for the sponsorship of the foreigner’s application.
Additional documents that are required to be submitted
In addition to the list documents mentioned above a declaration of willingness shall also be submitted. This document will state that the foreigner is willing to be appointed as the child’s guardian. He shall also furnish an undertaking that he will adopt the child in accordance with the law of the country in which he resides at the earliest, but not later than two years from the date of the child’s arrival in his country.
Court Procedure
The application for guardianship must be made before the court of the District Judge within whose jurisdiction the Social and Welfare Child Agency in India that is processing the application of the foreigner is located. The application will be filed by the Indian welfare agency or a person duly authorized by them in this regard.
The Court will issues notice to the Indian Council for Child Welfare (ICCW) and the Indian Council for Social Welfare (ICSW) to scrutinize the guardianship application. These organizations are expected to give their considered opinion whether they believe that adoption by the foreign national is in the child’s best interests.
A succession certificate is issued by a civil court to the legal heirs of a deceased person. When a person dies intestate his estate has to be managed by someone to inherit and it can be done only by inheriting the authority by court process for which a succession certificate can be issued by a civil court to the legal heirs of a deceased. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.
A duly signed and verified application must be made to the civil court or high court of competent jurisdiction.
Details like petitioner’s name, name of legal heirs of deceased, relationship of the petitioner with deceased, right of petitioner, residences of relatives and family of deceased and details of death along with the death certificate debts and securities for which the succession certificate has to be obtained have to mentioned in the petition.
According to Schedule II of The Court Fees Act, 1870, certain amount is levied as court fee for this process. Stamp Duty may vary from state to state.
The court issues a newspaper notice for 45 days. Any person having problem with it can file objections. If the court doesn’t receive any objection, it issues succession certificate.
(I) Death certificate
(ii) Pan Card of all the legal heirs
(iii) Ration card of all the legal heirs
(iv) Prescribed application form by affixing a court fee stamp
Marriage between a Hindu girl and a Muslim boy is governed under the Hindu law, Muslim Law and Special Marriage Act, 1954.
In the event of Marriage between a Muslim girl and a Hindu boy under the Muslim law, The Hindu boy will need to convert to Islam for solemnization of the marriage, as the marriage between a Muslim and a non- Muslim is not recognized by Islam. Muslim law contains specific provisions for conversion.
A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. Moreover, the consent to marriage must be free of coercion, fraud or undue influence.
It should be noted that Islam expressly forbids Muslims from people who aren’t Muslims, Christians or Jews. So while a marriage according to Hindu law would be a perfectly valid marriage under Special Marriage Act, but it would not be considered under the Muslim religious code and would be deemed to be an adulterous (and sinful) relationship.
Hindu law does not contain any specific provisions for conversion, but the both parties (bride & bridegroom) must be Hindus in order to get married under Hindu Marriage Act.
To ascertain the “religion” of the marriage, the customs and ceremonies performed therein may be considered. A saptapadi (“seven steps”) are crucial for a Hindu marriage.
The Muslim girl could convert to Hinduism and solemnize the marriage according to Hindu rites, which will bring it within the purview of the Hindu Marriage Act.
A marriage between two Hindus may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:
According to Section 11 of the Act, a marriage can even be declared null and void if either party presents a petition and if any of the following are contravened:
According to Section 12, a marriage, although valid can later be annulled on any of the following grounds:
Section 7 of the Act states that a Hindu marriage can be duly performed in accordance with ceremonies and customs of either the bride or the groom. These ceremonies also include the Saptapadi i.e. taking of seven steps jointly before the sacred fire.
It has been stated that if Saptapadi is included in the rites and ceremonies, then the marriage becomes complete and binding when the seventh step is taken.
The Special Marriage Act does not recognize every marriage; there must be some conditions fulfilled before a marriage is recognized by the Act e.g. the marriage is a civil contract, involving no form of rites or ceremonies, both parties must not be involved in any other existing valid marriage.
Similarly, the parties should not be mentally inc
A marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely:
Marriage between a Hindu boy and a Muslim girl is governed under the Hindu law, Muslim Law and the Special Marriage Act, 1954. The Personal laws have bearing on issues relating to maintenance, divorce, succession, adoption etc.
In the event of Marriage between a Muslim girl and a Hindu boy under the Muslim law, The Hindu boy will need to convert to Islam for solemnization of the marriage, as the marriage between a Muslim and a non- Muslim is not recognized by Islam. Muslim law contains specific provisions for conversion.
A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. Moreover, the consent to marriage must be free of coercion, fraud or undue influence.
Hindu law does not contain any specific provisions for conversion, but the both parties (bride & bridegroom) must be Hindus in order to get married under Hindu Marriage Act.
To ascertain the “religion” of the marriage, the customs and ceremonies performed therein may be considered. A saptapadi (“seven steps”) are crucial for a Hindu marriage.
The Muslim girl could convert to Hinduism and solemnise the marriage according to Hindu rites, which will bring it within the purview of the Hindu Marriage Act.
A marriage between two Hindus may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:
According to Section 11 of the Act, a marriage can even be declared null and void if either party presents a petition and if any of the following are contravened:
According to Section 12, a marriage, although valid can later be annulled on any of the following grounds:
Section 7 of the Act states that a Hindu marriage can be duly performed in accordance with ceremonies and customs of either the bride or the groom. These ceremonies also include the Saptapadi i.e. taking of seven steps jointly before the sacred fire.
It has been stated that if Saptapadi is included in the rites and ceremonies, then the marriage becomes complete and binding when the seventh step is taken.
The Special Marriage Act does not recognize every marriage; there must be some conditions fulfilled before a marriage is recognized by the Act e.g. the marriage is a civil contract, involving no form of rites or ceremonies, both parties must not be involved in any other existing valid marriage.
Similarly, the parties should not be mentally inc
A marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely:
Hindu Undivided Family (HUF) also known as a Joint Hindu Family under the Hindu Law is a family, comprising of all persons lineally descended from a common ancestor and living under a common roof and joint in estate, food and worship. There are two schools of law governing HUF in India: Mitakshara and Dayabhaga, with West Bengal being the only state that follows Dayabhaga School of law.
Yes, a married daughter is considered a part of HUF. Prior to 2005 amendment in the Hindu Succession Act, 1956, the daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF. However, after the amendment the daughter married or unmarried, is now considered as co-parcener like a son.
However, in her matrimonial house, she is treated as a member and not as a co-parcener of her Husband’s HUF. Thus in event of partition of her Husband’s HUF, she has one share in such property.
The 2005 Amendment Act conferred rights on female members to become co-parceners. This means that women now have equal rights in the family property. However, the amendment is governed by the Mithakshara law of inheritance and not applicable to the Dayabhaga law of inheritance.
Women are now entitled to demand the partition of a HUF to get their share of the property. The partition can be in full or partial. If the daughter is married at the time of partition, the assets so received will be treated as her own personal assets.
After 2005 Amendment in the Hindu Succession Act, 1956, A daughter continues to be a coparcener of her father’s family, having all the rights and privileges as of a coparcener, she can demand partition of her father’s HUF property.
However, as far as her husband’s HUF is concerned, she is a mere member of the family and not a coparcener and as such cannot demand partition of her husband’s HUF property. But would be entitled to a share in case of partition between her husband & her sons or between her sons.
The amendment would equally apply to a daughter born before 1-9-05 and she becomes co-parcener not from the date of her birth but only from 1-9-05.
Abortion is intentional termination of a human pregnancy, majorly performed during the first 20 weeks of pregnancy. India is a country with extreme social baggage augmented by the evils of the society like poverty and illiteracy. Abortion has been legal in India under definite provisions since the adoption of the Medical Termination of Pregnancy (MTP) Act in 1971. With this, India became one of the first few nations to legalize abortion.
The main aim of legalizing abortion through the Act is to provide every woman with eminent health care while terminating a pregnancy, to promote accessibility and affordability of safe termination services.
Here is everything you need to know about the abortion laws of India
As a health measure by the permission and approval of the Doctor concerned
When pregnancy arises from a sex crime like rape or intercourse with a lunatic woman, etc.
Where there is a substantial risk that the child if born, would suffer from deformities and diseases.
The Apex Court in 2017 allowed a teen rape survivor to terminate her 24-week pregnancy, in fact, the Court regretted the loss of valuable time that would have been safer for the survivor while undergoing the termination if it was done earlier.
The Apex Court in 2016 permitted a woman to terminate a 24-week-old fetus, going against the acceptable 20-week time-frame. The Court said that continuing with a fetus having multiple severe abnormalities would be life-threatening for both the fetus and the mother and therefore, to avoid complications to the mother, abortion was allowed.
However, the above-mentioned judgments do not necessarily mean that termination of pregnancy is permitted in every situation, in fact, it all depends on the facts of the case.
A minor cannot get the pregnancy terminated without the written consent of her legal guardian.
There can be no abortion without the consent of the woman.
In 2017, a pregnant woman had approached the Supreme Court to abort her 26-weeks old foetus on the ground that the baby suffered from ‘down syndrome’. However, the request was denied by the Court declaring that we have a life in our hands and thus, killing the fetus is not the option.
Under Section- 4 of the Act it has been specifically mentioned that termination of pregnancy shall not be carried out at any place other than-
a hospital established or maintained by the Government or a place approved by the Government or a District Level Committee constituted by the Government with the Chief Medical Officer or District Health Officer.
In a recent judgment of the Supreme Court where the husband was trying to seek relief from Court after his wife aborted their child without his consent. Accordingly, the Court stated that mere consent to matrimonial sex by the wife does not imply that she has given consent to conceive a child as well. Therefore, it is the complete free will of the woman to conceive or terminate the pregnancy. The man can’t force her to give birth to his child. Moreover, the Court further added by saying that a woman is not a machine in which raw material is placed and finished products come out. The woman needs to be mentally prepared so as to conceive and give birth to a child and become a mother. Unwanted/ unplanned pregnancy will only affect the physical and mental health of the pregnant woman.
This law-guide is for couples in love desiring to live-in together before marriage and the obligations and responsibilities that follow in such a relationship.
The Apex Court very clearly in a landmark judgment Indra Sarma vs. V.K.V. Sarma explained live-in relationships in 5 clear-cut ways
The above 2 relationships fall under adultery i.e. voluntary sexual intercourse of a married person other than with spouse and is punishable under Section- 497 of the Indian Penal Code (IPC) with imprisonment up to 5 years.
The Supreme Court in multiple judgments has declared that when a couple has been living and staying together like husband and wife for a few years and even had children, the legal system would consider that the couple was married and therefore, marital laws would be applicable.
In a different case, the Supreme Court opined that if a couple is in love and aspire to live together then it is part of their right to life and not a “sin” thereby legalizing live-in relationships.
Protecting the women partners was possibly the most important responsibility of the Court before legalizing live-in relationships and therefore, the ambit of several laws was increased. For instance,
Under the Indian law, the maintenance right is only available to wives under all personal family/ divorce laws. And since no religion recognizes, accepts nor grants any remedy to women in live-in relationships, the Indian Courts have expanded the ambit of maintenance to women-partners under Section- 125 of the Criminal Procedure Code (CrPC).
The Domestic Violence Act was executed to provide protection to women against all kinds of abusive marital relationships including verbal, physical, economic and mental abuse. But, under Section- 2 (f), it applies to both married and unmarried couples i.e. to every couple in any relationship in the nature of marriage.
Therefore, keeping in mind all this, the Supreme Court in multiple cases has included live-in relationships to be brought within the purview of the law present.
Under Section- 16 of the Hindu Marriage Act, children have been provided with inheritance rights where it has been clearly given the legal status of legitimacy to illegitimate children i.e. born out of a marriage for inheritance. Thus, children born in a live-in relationship have been granted inheritance rights. Inheritance rights have also been made available under both self-purchased and ancestral properties.
The stand on the children’s right of maintenance who are born outside marriage differs in different personal marriage laws. For example, the father has the responsibility to support the child under the Hindu Law, while the father has been excused from the same responsibility under the Muslim Law.
Nonetheless, children who cannot claim maintenance under personal laws can still claim the same under Section- 125 of the CrPC since it provides maintenance right to both wives and children.
Adoption is a legal process that assists a person to become a parent of a child, even if the intending parent and the child are not related by blood.
The process of adoption of a child is joyous for the parents as well as the child. However, the process of adoption and making a decision is long and tedious. The prospective parents may face legal hassles as well. This article would run you through the law and procedure for adoption in India.
There are 3 main legislations in India, under which one can adopt –
A. For Hindus / Buddhists / Jains / Sikhs
The first legislation which regulates adoptions in India is the Hindu Adoption and Maintenance Act, 1956 (HAMA). The law stipulates only direct and private adoption, thus the adopted child has to be actually handed over to the adoptive parents.
Who can adopt?
· Under the Act, only Hindus, Buddhists, Jains, and Sikhs can adopt. Both the parties, i.e. the child as well as the parents have to be Hindus, Buddhists, Jains, or Sikhs.
· Any male wishing to adopt has to be above the age of 18 years and of sound mind. If he is married, he has to take consent of his wife.
· Females above the age of 18 and of a sound mind, can also adopt, if she is single, unmarried, divorced or widow.
Who can be adopted?
· The age of the child being adopted must be below 15 years.
· The child must be a Hindu, Jain, Sikh or Buddhist.
· The child must be unmarried.
· The child must not have been already adopted.
Other Conditions that need to be fulfilled:
· A person who already has a male child cannot adopt a male child.
· A person who already has a female child cannot adopt a female child.
· An age difference of 21 years must be there between an adoptive father and a female child.
· An age difference of 21 years must be there between an adoptive mother and a male child.
· Two or more persons cannot simultaneously adopt the same child.
· The adoption process should be free from any consideration being paid by either party.
When is the Court’s Permission required?
Once all the above-said conditions are met, the adopted child will be considered the child of the adoptive mother/ father in all respects. This would be effective from the date of adoption. An adoption once made validly, cannot be canceled at a later stage. This is finalized with the registered deed for adoption.
B. Secular Laws in India adoption in all religions
In India, the Juvenile Justice Act, 2015, governs the adoption process by non-Hindus.
Who can adopt?
Who can be adopted?
· As per the Juvenile Justice Act, a single person or a couple can adopt:
i) an orphan child, or
ii) a child who has been surrendered, or
iii) a child who has been abandoned
The Juvenile Justice Act permits adoption irrespective of religion. Thus, a Muslim, Parsi, Christian, etc. can also adopt under this Act.
Other Conditions that need to be fulfilled:
A minimum age difference of 25 years needs to be there between a child and the adoptive parent. The exception to this being adoptions by relatives or by step-parent(s).
C. Guardianship – Guardians and Wards Act, 1890 (GAWA)
Who can place a child for adoption?
Procedure for adoption under the Guardians & Wards Act, 1890 (GAWA)
The Central Adoption Resource Authority (CARA) is the primary statutory body governing adoptions in India. The procedure covers both, in-country and inter-country adoptions.
1- Registration:
2 – Home Study:
3. Matching the Child and Parent:
4. Procedure for Court Regulated Adoption:
5. Follow Up of Progress for Child Welfare:
Process for Inter-Country Adoption:
DO’s and DON’T’S for adoption in India
· Any person wanting to adopt shall do so from a Specialised Adoption Agency, recognised by State Governments, and not from any unauthorised institution.
· Utmost care and caution must be shown while uploading the documents. Incorrect documents can lead to cancellation of registration.
· CARA guidelines shall be referred for any charges to be levied.
· PAP should be wary of any middlemen and touts.
From the right to residence to the right to maintencance, daughters-in-law have various rights, however, the same are unknown to most!
Women face all sorts of problems in India, beginning with female infanticide, child abuse to dowry deaths as well as marital rapes. The major issue being illiteracy leaves the women unknown of their legal rights resulting in immense emotional and physical pain. Most of all, married women or daughters-in-law are the worst hit considering not much has been said about the legal rights that they are entitled to.
The laws in India may not be specific to address the issues of daughters-in-law; however, they do cover up for most of them. The Constitution of India, being one of the very few documents where gender equality has been taken care of so well, regards daughters-in-law to be at par in the race.
The Supreme Court, in a judgment involving abetment of suicide of a married woman by her husband, has quoted that “Daughter-in-law should be treated as a family member and not a housemaid, and she cannot be thrown out of her matrimonial home at any time”. The Court further added, “Respect of a bride in her matrimonial home glorifies the solemnity and sanctity of marriage, reflects the sensitivity of a civilized society and eventually epitomizes her aspirations dreamt of in nuptial bliss. But the manner in which sometimes the bride is treated in many a home by the husband, in-law and the relatives creates a feeling of emotional numbness in society.”
Here are the important rights every daughter-in-law or a married woman should know:
As per Hindu law, Streedhan refers to whatever a woman receives (including all movable, immovable property, gifts etc.) during pre-marriage/marriage ceremonies (e.g. godh bharai, baraat, mooh dikhai) and during childbirth.
The ownership rights to Streedhan belong to the wife, even if it is placed in the custody of her husband or her in-laws. In case the mother in law possesses her daughter in law’s Streedhan and she dies without leaving a will, the daughter-in-law has a legal right on it, not the son or any other family member.
A woman has inalienable rights over Streedhan and she can claim it even after separation from her husband. A married woman does not lose her legal right to Streedhan due to mere separation from the husband. In case, the Streedhan is denied to a married woman, it would amount to domestic violence making the husband and in-laws liable to face criminal prosecution.
Not only does a married woman have the right to live her life with dignity and to have the same lifestyle that her husband has but also has the right to be free of mental and physical torture.
Not many know that the Domestic Violence Act allows a married woman the option to make the husband execute a “bond to keep the peace”, or a “bond of good behaviour” through the Executive, Magistrate who can order the husband and the in-laws to put a stop to domestic violence apart from the right to seek divorce on the basis of domestic violence by the husband or any of his family members. The husband can also be asked to deposit securities in the form of money or property that will be sacrificed if he continues to act violently.
A married woman has the right to have a committed relationship meaning that her husband cannot be in a relationship with another woman unless a legal divorce is finalised. In addition, if the husband is in a relationship with another woman, a married woman can charge her husband of adultery, which also becomes a ground for divorce.
Read more on adultery and divorce laws here.
The household that a woman shares with her husband; whether it is rented, officially provided, or owned by the husband or his relative is called the marital home or the matrimonial home.
The Hindu Adoptions and Maintenance Act grants a Hindu wife the right to reside in her matrimonial home even if she does not own it, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house.
From time to time, courts have ruled that a woman only has a right to residence in marital home as long as the matrimonial relationship between her and her husband remains intact. Further, the Supreme Court has ruled that a married woman has no special right over the self-acquired property of the in-laws against their consent, as this property cannot be treated as a shared property.
A wife is entitled to claim decent living standards & basic comforts of life by her husband as per his living standards. The same is applicable for children born out of the wedlock.
Even if the relationship between husband and wife get sour, the husband is not stripped off his duty of providing basic maintenance to his wife and children, where maintenance includes provision for food, clothing, residence, education and medical attendance/treatment and in the case of an unmarried daughter also the reasonable expenses of an incident to her marriage.
Read more on maintenance rights of married women here.
The changes made in the Hindu Succession Act allow every daughter, whether married or unmarried, to inherit the property of her father after his death. In addition, even if there is no Will left by the father, daughters have equal right of inheritance as sons to their father’s property. Daughters also have a share in the mother’s property.
Earlier daughters were excluded from being a coparcener. A coparcenary comprises the eldest member and three generations of a family. With the advent of the amendment, now women of the family can also be a coparcener.
Further, the Supreme Court has observed that a father is legally entitled to nominate the married daughter to own his cooperative society flat after his death, in exclusion of other family members. The right of others on account of inheritance or succession is a subservient right.
Though the above-mentioned rights are entitled to a daughter-in-law, a lot of issues are still not being addressed legally in India. In hope of a better future of our daughters-in-law, we are spreading the knowledge we have to reach out to the maximum!