What are the rights of married women in India?

The legal rights of a married woman in India include protection of your safety and residence, the right to maintenance, property and stridhan, equal inheritance, reproductive health choices, workplace dignity, and legal recognition of your marriage. These rights exist to protect you as an individual, not only as a wife or daughter-in-law.

In India, marriage is often a bond between families and carries strong social, cultural, and legal expectations. Popular narratives highlight a married woman’s loyalty and responsibilities toward her husband and in-laws, but the law clearly defines what you are entitled to expect and enforce.

Indian law gives you tools to act if you face domestic violence, are asked to leave your shared home, are denied financial support, are pressured about pregnancy or abortion, are harassed at work, or are excluded from family property. When you understand these protections, you can make informed decisions, recognise when your rights are being violated, and take practical steps to seek help.

This guide explains, in simple language, the key legal rights every married woman in India should know in 2025 and shows you how to use them in real-life situations. Next, you read about your right to live safely and with dignity in your marital home.

Your Right to Live Safely and with Dignity in Marriage

Your right to live safely and with dignity continues after marriage. The Protection of Women from Domestic Violence Act, 2005 gives you the legal right to seek protection from any form of abuse – physical, emotional, sexual, verbal, or economic.

Under the Domestic Violence Act, the court can grant:

• Protection orders to stop further violence or harassment
• Residence orders allowing you to continue living in your home
• Financial support for daily expenses and medical costs
• Temporary custody of children
• Compensation for physical, emotional, or economic harm

The law recognises your right to live 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 Satish Chander Ahuja v. Sneha Ahuja (2020) .

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 reflected in Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions ensure that you do not have to suffer abuse in silence. The law protects your right to a safe, dignified, and secure home.

Quick help: steps you can take

• Contact the local Protection Officer or women’s helpline in your area
• Approach the local police station and report the violence or threats
• File an application before the Magistrate under the Domestic Violence Act
• Collect and safely store evidence such as messages, call logs, photos, medical records, and bank statements
• Speak to a trusted lawyer, legal aid service, or support organisation for guidance

Your Right to Maintenance and Financial Support

As a married woman in India, you have a legal right to claim maintenance from your husband if you are unable to maintain yourself. 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 financial support if your husband neglects or refuses to provide for you. The right applies irrespective of your religion, and protects women across all communities.

Under Section 144 BNSS, you can usually seek maintenance when:

• Your husband has sufficient means but does not support you
• You do not have enough independent income to meet basic needs
• There is neglect, abandonment, or refusal to maintain you

In addition, financial support may also be granted 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 make maintenance orders more fair and consistent, the Supreme Court in Rajnesh v. Neha (2020) issued detailed guidelines. These include filing affidavits of income and assets, setting timelines for hearings, and listing the factors courts should consider before fixing a fair maintenance amount (such as income, needs, responsibilities, standard of living, and children’s expenses). These guidelines are now widely followed by courts across India.

Quick help: what you can do to claim maintenance

• Collect basic documents: marriage proof, your income details, his income details (if available), and expense estimates
• Keep records such as bank statements, messages, and any proof of neglect or abandonment
• Consult a lawyer or legal aid service about filing a maintenance application under Section 144 BNSS
• If you are a Hindu seeking divorce or already in divorce proceedings, discuss interim and permanent maintenance under the Hindu Marriage Act

Right to Your Own Property and Stridhan

A married woman’s right over her own property is independent and protected by law. 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 her in-laws can claim ownership over stridhan. For a deeper explanation, you can read this detailed guide on stridhan in Hindu law.

The Supreme Court has consistently upheld this principle. In Krishna Bhattacharjee v. Sarathi Choudhury (2015) , the Court clarified that refusing to return stridhan can amount to criminal breach of trust. If your stridhan is withheld, you can legally seek its return through the courts.

Apart from stridhan, married 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 assets in your own name and file legal proceedings to protect these interests if they are threatened or misused.

India does not follow a community-property system. This means there is no automatic 50:50 division of all assets at the time of divorce. Courts may award maintenance or alimony based on the circumstances, but your stridhan and your separate property remain your own.

Quick help: how to protect your stridhan and property

• Keep bills, receipts, photographs, and gift lists for jewellery, cash, and valuable items
• Where possible, keep high-value items in your own name or locker
• Document any demands to return your stridhan in writing (messages, emails, notices)
• If your stridhan is not returned, consult a lawyer about filing a complaint or case for recovery and criminal breach of trust

Right to Marital Choice and Personal Autonomy

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

At the same time, the law continues to punish bigamy. Marrying again during the lifetime of your spouse is a criminal offence and is now covered under Section 82 of the Bharatiya Nyaya Sanhita, 2023. This protects your right to a monogamous marriage and allows you to take action if your spouse marries someone else while still married to you.

On the issue of marital rape, the legal 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. This exception is currently under challenge 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:

• There are grounds for divorce in family courts
• Attract protection, residence, and compensation orders under the Domestic Violence Act
• Support complaints of cruelty and other related offences under criminal law

Quick help: how to act if your autonomy is violated

• Record incidents of coercion, threats, or violence in a diary or secure file
• Preserve messages, audio, video, or medical records that show abuse or cruelty
• Consult a family lawyer about divorce, judicial separation, or nullity if needed
• Seek protection under the Domestic Violence Act for safety, residence, and compensation

Your Rights at Work as a Married Woman in India

Married women in India enjoy specific legal protections at work 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 put in place safeguards that prevent dismissal or discrimination on the ground of pregnancy.

Workplace safety and dignity are 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, if 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, respectful, and discrimination-free workplace.

Quick help: how to use your workplace rights

• Check your company’s maternity leave policy and HR manual for benefits and procedure
• Ask HR about crèche facilities and flexible work options during and after maternity
• Find out who is on the Internal Committee (POSH) and how to file a complaint
• Document any harassment, discrimination, or unfair treatment in writing
• If your employer ignores your complaint, approach the Local Committee or labour authorities with legal support.

Your Right to Inherit as a Married Woman in India

Married women in India have equal inheritance rights under Hindu law. As a daughter, you now enjoy coparcenary rights by birth, giving you the same legal standing as a son in ancestral property, even if your father was alive on 9 September 2005. This principle was clearly affirmed by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) .

These rights mean you can claim a share in your natal family’s ancestral property on equal terms with your brothers. This strengthens your financial independence and helps ensure that women are not excluded from family assets solely because of gender. Equal inheritance rights give married women legal recognition and stronger protection in family property disputes.

Quick help: how to assert your inheritance rights

• Collect key documents: proof of birth, family tree, property documents, and your father’s or ancestor’s death certificate (if applicable)
• Ask for a copy of any partition deed, will, or settlement related to ancestral property
• Communicate your claim in writing to family members and keep copies
• Consult a lawyer about filing a partition suit or claiming your share in ongoing proceedings
• Ensure your name is recorded in the revenue records once your share is recognised

Your Right to Register Your Marriage

You have the right to get your marriage officially registered, and 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. A registered marriage creates strong legal proof that the marriage took place.

A marriage certificate can help you prevent or resolve disputes related to dowry, inheritance, maintenance, domestic violence, or other marital rights. By registering your marriage, you gain an important document that supports you in court, before authorities, and in everyday matters like passports, visas, bank accounts, and insurance.

Quick help: how to register your marriage

• Check the website or office of the local Marriage Registrar or Sub-Registrar for the procedure
• Collect required documents: identity proof, address proof, photographs, and marriage proof (such as invitation card or priest’s certificate)
• Fill in the marriage registration form and submit it with the required fees
• Ensure both spouses and witnesses are present on the day of registration, if required
• Keep multiple copies (physical and digital) of your marriage certificate safely stored

What Should You Do Next to Protect Your Legal Rights?

Marriage should never mean giving up your rights, freedom, or dignity. Indian law protects you in many areas – safety at home, residence, maintenance, property and stridhan, inheritance, reproductive health, workplace dignity, and marriage registration. Knowing these protections helps you recognise when the law supports you.

When you understand your rights, you can make informed decisions, refuse abuse or unfair demands, and seek help at the right time. If you feel your rights are being violated, taking early legal advice can prevent problems from becoming more serious.

Practical next steps you can take

• Identify which right is involved in your situation (safety, maintenance, property, work, inheritance, etc.)
• Collect and safely store important documents and evidence related to your marriage and finances
• Read related legal guides to understand the legal options available to you
• Consult a family lawyer or legal aid service to get advice tailored to your specific case
• Stay updated about legal changes that affect married women’s rights in India

If you are facing issues in your marriage or are unsure which rights apply to you, you can consult experienced family lawyers and understand your legal options with confidence.

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