Legal Rights of Married Women in India

In India, marriage is not just a union between two individuals but often a bond between families, carrying social, cultural, and legal significance. While popular media often portrays a married woman’s loyalty and responsibilities toward her husband and in-laws, it is equally important for every woman to be aware of the rights that protect her autonomy, safety, and well-being. From the right to live safely and with dignity, to financial support, property ownership, reproductive health, workplace protection, inheritance, and legal recognition of marriage, Indian law provides a robust framework to safeguard married women. Knowing these rights empowers women to make informed decisions, assert themselves in family and social settings, and seek remedies when their rights are violated. This guide simplifies the complex legal landscape, highlighting key rights every married woman in India should know in 2025, along with practical steps to assert them.

1) Your Right to Live Safely and with Dignity

Marriage does not take away a woman’s right to live in safety and respect. The Protection of Women from Domestic Violence Act, 2005, gives you the right to seek help from the courts if you face abuse of any kind. Relief can include protection from further violence, the right to continue living in your home, financial support for daily needs and medical costs, custody of children, and compensation for the harm caused.

Importantly, the law recognises your right to reside in the “shared household.” This means that even if the house belongs to your in-laws, you cannot be forced to leave as long as you live there with your husband. The Supreme Court confirmed this protection in the landmark case of Satish Chander Ahuja v. Sneha Ahuja (2020).

Further, cruelty by a husband or his relatives, whether physical, emotional or financial, is a crime. What was earlier Section 498A of the Indian Penal Code is now carried forward in Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions ensure that no married woman is compelled to suffer abuse in silence. In short, the law guarantees your right to safety, dignity and a secure home.

Quick help: You can approach the Protection Officer, the local police, or directly file before the Magistrate under the Domestic Violence Act to claim maintenance. Always keep evidence such as messages, medical records, and bank statements safe, since these can strengthen your case.

2) Your Right to Maintenance and Financial Support

Every married woman has the right to be financially supported by her husband if she is unable to maintain herself. What was earlier Section 125 of the Criminal Procedure Code is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This provision allows you to claim monthly support if your husband neglects or refuses to provide for you. The right applies irrespective of your religion, ensuring protection for women across all communities.

In addition, financial support is also available during and after divorce proceedings. Under the Hindu Marriage Act, 1955, courts can order interim maintenance under Section 24 and grant permanent alimony under Section 25. To ensure fairness, the Supreme Court in Rajnesh v. Neha (2020) issued guidelines on filing affidavits of income and assets, timelines for hearings, and the factors courts should consider before fixing a fair maintenance amount. These guidelines are now widely followed by courts across India.

3) Your Right to Your Own Property and Stridhan

A married woman’s right over her property is absolute, and the law clearly safeguards it. Stridhan (also written as streedhan) refers to gifts given to a woman before, during, or after marriage, and these remain her exclusive property. Neither her husband nor in-laws can claim ownership over it. The Supreme Court has consistently upheld this principle, and in Krishna Bhattacharjee v. Sarathi Choudhury (2015), it was clarified that refusing to return stridhan can amount to criminal breach of trust. Women can legally recover such property through the courts.

Apart from stridhan, women also have independent property rights under the Married Women’s Property Act, 1874. This law ensures that your earnings, property, and certain insurance benefits remain solely yours. You can hold and protect them in your own name, and you also have the right to file legal proceedings to safeguard these interests.

It is important to note that India does not follow a community-property system. This means there is no automatic 50:50 division of assets at the time of divorce. Instead, courts may award maintenance or alimony depending on the circumstances, but your stridhan remains solely your property.

4) Your Right to Marital Choice and Personal Autonomy

Marriage does not take away a woman’s individuality or personal rights. The Supreme Court in 2018 struck down the old adultery law under IPC Section 497, declaring that treating women as property of their husbands violated equality and dignity. Adultery can still be cited as a ground for divorce, but it is no longer a criminal offence. (For members of the Armed Forces, adultery may still carry service-related consequences, but it is not a crime for civilians.)

At the same time, the law continues to punish bigamy. Marrying again during the lifetime of a first spouse is a criminal offence, now covered under Section 82 of the Bharatiya Nyaya Sanhita, 2023.

On the issue of marital rape, the current position remains unsettled. The BNS retains Exception 2 to Section 63, which excludes non-consensual sex by a husband with his wife (if she is above 18) from the definition of rape. However, this exception is being challenged before the Supreme Court, and the final outcome is awaited. For now, although marital rape is not a separate criminal offence, acts of cruelty or sexual violence within marriage can still be grounds for divorce and can attract protection under the Domestic Violence Act.

5) Your Right to Reproductive Health

Reproductive choices belong to the woman alone, and the law strongly affirms this. The Medical Termination of Pregnancy (Amendment) Act, 2021 expanded access to safe abortion, allowing termination up to 24 weeks in specified categories with the approval of a medical board in late-term cases. In 2022, the Supreme Court clarified that these protections apply equally to unmarried women, ensuring broader reproductive rights for all.

A crucial point is that the consent of the adult woman alone is required for a legal abortion. A husband’s or partner’s consent is not necessary, and medical professionals are bound to maintain strict confidentiality. These safeguards protect a woman’s autonomy over her body and ensure access to safe and dignified healthcare.

6) Your Rights at Work

Married women enjoy specific legal protections in the workplace to balance professional life and family responsibilities while ensuring safety and dignity. The Maternity Benefit Act, 1961 (as amended in 2017) grants up to 26 weeks of paid maternity leave to eligible women employees. It also requires larger establishments to provide crèche facilities and implement safeguards that prevent dismissal or discrimination on the ground of pregnancy.

Workplace safety is further reinforced by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. This law mandates that every workplace must prevent and address sexual harassment through an Internal Committee. As an employee, you can raise a complaint within your organisation, and in case the workplace fails to act, you can seek remedies through external authorities.

Together, these laws protect both your right to motherhood and your right to a safe and respectful workplace.

7) Your Right to Inherit

Married women in India have equal inheritance rights under Hindu law. Daughters now enjoy coparcenary rights by birth, giving them the same legal standing as sons in ancestral property, even if their father was alive on 9 September 2005. This landmark principle was clarified by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020).

These rights mean that married women can claim a share in their natal family property on equal terms with male siblings. It strengthens financial independence and ensures that women are no longer excluded from ancestral assets merely because of gender. This provision benefits countless married women, giving them legal recognition and protection in matters of family inheritance.

8) Your Right to Register Your Marriage

Marriage registration is a vital legal safeguard for married women. The Supreme Court has directed all States and Union Territories to ensure compulsory registration of marriages. Registration provides strong legal evidence of the marriage and can help prevent or resolve disputes related to dowry, inheritance, maintenance, or marital rights. By registering a marriage, women gain an important tool to assert their legal rights and protect themselves in case of conflicts.

Conclusion

Marriage should never mean giving up your rights, freedom, or dignity. Indian law provides married women with comprehensive protections, ranging from safety at home and financial support to property rights, reproductive health, workplace safeguards, and inheritance. Being aware of these rights empowers women to make informed decisions, assert their independence, and seek legal remedies when necessary. By knowing and exercising these rights, married women can live with confidence, security, and respect, ensuring that marriage becomes a partnership based on equality rather than compromise. Staying informed and proactive is the first step towards safeguarding your well-being and creating a life of dignity and autonomy.