Matrimonial disputes in India present significant challenges for women, encompassing issues such as dowry harassment, domestic violence, and irretrievable breakdown of marriages. Over the years, the legal framework surrounding these matters has evolved to provide women with avenues to seek justice and protect their rights. That an aggrieved woman hence could inter-alia seek the following remedies and the same is explained in brief in the ensuing paragraphs:-
1. File a Divorce case in the Court in case she wants a separation from the husband on various grounds as mentioned above;
2. File a Petition for restitution of conjugal rights in case she wishes to go back to the matrimonial house;
3. File a Petition under the DV Act inter-alia seeking maintenance from her husband and also the right to the matrimonial house
4. File a Police Complaint for cruelty and recovery of Stridhan before the Crime against Women Cell
5. File for maintenance under S. 144 of Bharatiya Nagarik Suraksha Sanhita(formerly known as IPC)
Matrimonial disputes frequently involve:
Step-1 Dowry Harassment: Despite the outlawing of dowry demands, many women endure harassment and abuse for dowry, which often leads to emotional distress and sometimes violence.
Step-2 Domestic Violence: Physical, emotional, sexual or economic abuse within marriages remains distressingly common. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted to address these issues comprehensively.
Step-3 Marital Discord: IConflicts and marital breakdowns due to reasons like incompatibility, infidelity, or cruelty can leave women vulnerable, especially concerning custody, maintenance, and property rights.
Step-1 The Dowry Prohibition Act, 1961: This Act strictly prohibits the giving or receiving of dowry, aiming to curb harassment related to dowry. Women facing such demands can file complaints under this law.
Step-2 Protection of Women from Domestic Violence Act, 2005 (PWDVA): PWDVA defines domestic violence broadly, covering physical, sexual, emotional, verbal, and economic abuse. It empowers women to obtain protection orders, residence orders, and maintenance from the court.
Step-3 Bharatiya Nyaya Sanhita (BNS)(formerly known as IPC): Sections like Section 85 (cruelty by husband or relatives) and Section 80 (dowry death) address acts of cruelty and dowry-related deaths, providing criminal sanctions against offenders and Section 316(2) for (breach of trust) pertaining to the Stridhan/jewellery articles. The aggrieved woman can visit the Crime Against Women Cell to register a complaint against the husband and in-laws in case of cruelty and also to seek recovery of stridhan.
Step-4 Bharatiya Nagarik Suraksha Sanhita (BNSS) (formerly known as CrPC): Section 144 (Order for maintenance of wives, children and parents) for seeking maintenance from the Court.
Step-5 Hindu Marriage Act, 1955: This Act governs Hindu marriages, covering aspects like marriage, divorce, maintenance, and custody of children, restitution of conjugal rights. It allows women to seek divorce on grounds such as cruelty, desertion, adultery, or conversion to another religion, etc.
Step-6 Muslim Personal Law: Under Muslim law, women can seek divorce through procedures such as Talaq, Khula, or judicial divorce. The Muslim Women (Protection of Rights on Divorce) Act, 1986, safeguards their rights to maintenance post-divorce.
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