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Though the laws in India may not be specific to address the issues of daughters-in-laws, there are many laws that empower daughters-in-laws, from the right to residence to the right to maintenance, but these
generally go unnoticed.
The Indian Constitution, being far-sighted, introduced an Article in our Constitution that supports women. Article 15(3) of the Constitution empowers the States to make any special provision for women and
children. For many generations women have been subjected to discrimination at all levels, however, this Article saves the day as it was introduced to correct the historical wrong caused by the structural inequality
between the sexes, making the Constitution of India, one of the very few documents which regard daughters-in-law to be at par in the race.
It is a right of a daughter-in-law to live with dignity and have the same lifestyle as her husband and in-laws. It is also her right to be free of mental and physical torture.
Very few know that apart from using domestic violence as the ground for divorce, the Domestic Violence Act allows a married woman 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. The husband can also be asked to deposit money or property as securities which will
be surrendered if he acts violently again.
Right to maintenance
Decent living standards and basic comforts of life are the primary rights that a wife is entitled to by her husband. Even if the relationship between husband and wife get sour, the husband is not stripped off his duty
of providing basic maintenance including food, clothing, residence, education and medical attendance/treatment to his wife and children as guarded by Section 125 of the Criminal Procedure Code, 1973.
Apart from the abovementioned provisions that secure every daughter-in-law, irrespective of her religion, there are some laws that are specific to Hindus (including Buddhists, Jains, Sikhs), and Muslims.
PART 2
Streedhan refers to the gifts that a woman receives during pre-marriage or marriage ceremonies and during childbirth. It includes any movable, immovable property, gifts, money etc.
The basic idea behind gifting Streedhan to the married woman is to give her financial protection post marriage. Inalienable rights have been granted to a married woman over Streedhan and this right is not lost
even after separation from her husband.
o Hindu Succession: A Hindu woman’s right to Streedhan is protected under section 14 of the Hindu Succession Act, 1956 making her an absolute owner of such property. Even if
it is placed in the custody of her husband or her in-laws, they are bound to return the same if and when demanded by her as they are deemed trustees of the Streedhan.
A marriage cannot last long and strong without commitment from both the partners equally. Unless a legal divorce is finalised, a married woman has the right to have a committed relationship which means that
her husband cannot have illicit relationship or an extra-marital affair with another woman. However, if there is a relationship apart from the marriage that the husband beholds with any another woman, the wife can
charge her husband of adultery, which is also a ground for divorce under section 13 of the Hindu Marriage Act, 1955.
The household that a woman shares with her husband is called matrimonial home or marital house. It could be owned by the husband or his parents, a rented property or officially provided to him. Irrespective of
whether the marital home is an ancestral one or a joint family house, a daughter-in-law is entitled to reside in it whether she owns it or not.
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”.
With the change in time, the laws have also changed and now the daughters are equal with their male siblings even after marriage.
Inheritance: The recent amendments introduced in the Hindu Succession Act in 2005, allow every daughter, whether married or unmarried, to inherit the property of her father after his death. Not
only this, the daughters also have a share in the mother’s property.
Further, in case the father does not leave a will before his death, the daughters have the right to equally inherit the father’s property as the sons. That means if your father is alive or died after 2005, you can knock
the doors of the court and seek legal help to have your share of the father’s property.
Daughters as Coparceners
Daughters had always been excluded from being a coparcener until the amendments to the succession laws in 2005. Now women of the family are also coparceners and have the right to equally inherit a share in
the undivided property since birth. They have the same rights and liabilities as a son.
PART 3
IF YOU’RE A MUSLIM WOMAN, HERE ARE THE RIGHTS THAT EMPOWER YOU
1.Right to Mehr or Dower
Similar to the concept of Streedhan that a Hindu woman receives at the time of her wedding, is the concept of Mehr which is mandatory in Muslim law. Every Muslim woman receives mehr, a gift promised by the
husband to the wife at the time of contracting her marriage. It can be cash, jewellery, a house or any other property of value which becomes a Muslim woman’s absolute property, to use and dispose of as she
wishes.
Further, Mehr can also be claimed under section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 at the time of divorce.
2. Right to property
For non-testamentary succession, Muslim Personal (Shariat) Application Act,1937 is applicable. According to the Muslim personal laws, both men and women have equal rights to become the legal heirs of the
inheritable property.
Right to inherit
The daughter is entitled to get half the share of her brother from the inheritable property. In case, there is no brother, then the daughter is entitled for half of the share of the inheritable property.
In the event of the death of the Muslim woman’s husband, the widow gets one-eighth of the property if there are children. In case there are no kids, the widow is entitled to one fourth share of the property.
If a married woman gets divorced, the maintenance charges are to be fulfilled by the husband till the iddat period ends according to the Muslim Women (Protection of rights on divorce) Act, 1986 subject to
menstruation and pregnancy.
After the iddat period, if the woman is not re-married and is unable to sustain herself, then she is entitled to seek maintenance from her parents or District Waqf Board according to section 4 of the Muslim Women
(Protection of rights on divorce) Act.
Further, a Muslim married woman can also seek maintenance under Section 125 of the Criminal Procedure Code, 1973 subject to provisions of Muslim personal laws with the help of a lawyer