The Nagpur bench of the Bombay High Court stated in a significant ruling yesterday that a married woman’s desire to work after marriage cannot be considered to be an act of cruelty towards her husband and dissertation of the marital relationship. However, there is nothing new about the ruling here. Section 13 of the Hindu Marriage Act, 1955 clearly defines the same. The Division Bench of A.S. Chandurkar and Urmila Joshi Phalke only reiterated the law that is an integral part of the Constitution of India.
The contention of the husband in this case was that his wife was harassing him by wanting to continue to be gainfully employed after marriage. The court observed that there is no substantial evidence to prove marital discord as a result of his wife’s professional ambition before the birth of their son. The husband had presented evidence that proved his consistent efforts to bring his wife back to their marital home and resume cohabitation. To this argument, the court maintained that the evidence submitted is not strong enough to support his claim. Hence, irritation or annoyance in the relationship that is the result of gradual wear and tear of the marriage cannot be termed as cruelty.
4 Other Laws That Support Their Svadheenata In Relationships
1. Women Are Eligible For Free Legal Aid
All women, irrespective of their financial status, can approach Supreme Court Legal Aid seeking free legal services. You then have to submit the necessary documents, which will be vetted by the legal aid department on the basis of its merit. If the department believes that your complaint should be taken ahead after their evaluation, you will be eligible for free legal assistance for your case.
Read: Free Legal Rights Of Women That You Must Know About
2. A Married Woman Has The Absolute Right Over Her Streedhan
Streedhan refers to the voluntary gifts received by a bride at the time of her marriage or after the occasion. It is vastly different from dowry, which is purely and entirely based on coercion. The Indian Constitution makes it clear that the sole and absolute right to the streedhan lies with the woman.
3. Live-In Relationships Is Not Legally Prohibited
The Allahabad High Court recently stated that there is no law in the country that prohibits unwed couples from living together. In such a situation, both have the right to walk out of it whenever they wish to do so, as the right to life and liberty is a basic fundamental right for all the citizens.
Read: Live-In Relationship Laws In India
4. Father’s Name On The Birth Certificate Is Not Mandatory
To ensure that children born out of wedlock are eligible for the same rights as those born out of a marital relationship, the law of the land maintains that it is not mandatory for a birth certificate to have a father’s name. However, the law also aims at protecting single, unmarried women from the shame of giving birth, ensuring their right to live life as they want.
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