What are the rights of woman under Special Marriage Act? The marriage was registered in Karnataka. The marriage was between Hindu Girl and Christian Boy, 2 years of marriage had completed but the husband has been abusing her by beating her often. So, what are the actions that she can take for her protection ?
Wife can file DV case against her husband seek protection order , alternative accommodation, maintenance and compensation for mental torture undergone by her
2) she can also file for divorce on grounds of mental cruelty seek interim maintenance from husband and alimony
What about her rights on property. The parents of the husband were cruel ans had pre planned everything that wont ever benefit the wife. They had registered all properties on joint names that is the husband and his parent (mother/father), although husband had paid the money but he was always the second party in ths registration.Whether she will be entitled to any share in these 2 properties? Wife and husband have one property jointly. Wife was forced to leave her govt job by her husband .
wife only has right to stay in her matrimonial home
2) she has no share in husband properties
3) if property is in joint names she can seek injunction restraining husband from selling the jointly owned property
The wife has complete rights she can file a case of domestic violence abuse, beating unnder DV act, 498a 323 Indian Penal code.
Further she can seek maintenance residence along with protection under Domestic violence act. Maintenace under 125 Crpc.
Also divorce can be filed on grounds of cruelty.
So she can first approach the mahila police station and file a complaint on the husband.
1. Wife has no right in the proeprty of husband and it does not make difference under which Act the marriage is registered.
2. However the wife has right of residence in the property belonged to husband and to enforce this right the wife can file a case under PWDV Act.
3. Under the said Act the wife can claim montly maintenance and damages as well.
4. if the marriage is broken irretrievably then you can consider filing case under 498A IPC as well.
If the husband is harrasing the wife and is beating her then it does not matter that the marriage was solemnized under Special Marriage Act or some other act.
She may go ahead and file a FIR against him for harrasment etc.
Regards
She must file a complaint under the Domestic Vioelnce Act.
The wife must also report the matter to the Women Helpline.
1. Wife is not having any share as on date, over the properties which stand exclusively in the joint name of husband and his parents. You will have a claim in these properties only in case the husband dies intestate.
2. As advised, you must report the atrocities that are being meted out to you, to the Police.
hello
the special marriage act gives you rights in terms of the right of maintenance protection and a share in the husband's property in case of death. in case of abuse and domestic violence, file an FIR under domestic violence and physical and mental abuse. also, demand maintenance from the husband befitting your and the husbands status. wife has a share in the property so she can dispose of the property.
lodge an FIR against the husband and the in-laws for abuse cruelty.
regards
Dear Client,
Except inheritence righs, wife entitle to same relief as awarded in any other act. Wife has no claim on husband property except right to residence.
You can claim many reliefs under Protection of women under domestic violence act, maintainance u/s 125 CrpC & Special marriage act.
If husband has physically assaulted his wife she should first lodge police complaint against her husband. Then she should go to doctor or hospital and obtain medical certificate regarding her injuries.
Wife cannot have a right over the self-acquired or ancestral property of the husband.
Only the maintenance amount and alimony can be claimed from the other partner
If the wife is being subjected to Physical as well as mental cruelty she can file petition under section 12 of DV act against her husband.
Also, a complaint under Section 498 of the Indian Penal Code can be made if there is dowry harassment by the husband or any of his family members.
Wife would have no right in the property of the husband.
She can only claim maintenance from her husband which from her husband.
Whether married under special marriage act or under any other act, she is his legally wedded wife, hence she can very well seek justice before court for his atrocities and violent acts against her.
She can file DV case against him seeking protection, residence, maintenance, her stridhana articles and for compensation.
If his acts are violent and cruel then she may even lodge a criminal complaint against him under sections 498a, 506, 509 and other relevant sections of IPC besides DV case.
The wife cannot claim any rights over the properties which are on his name alone or with his parents names as joint owners.
However she has equal rights in the jointly owned properties.
She should have refused to resign the governemnt job, even now she can decide to get employed, he cannot restrict her leaglly.