This article has been written by Ms. C S Poorna, a 2nd year student of Lloyd Law College.
Introduction
In past times in India, women were not provided equality with men. The women of the society are facing discrimination. As per the Constitution of India, equality for all in front of the eyes of the law must be present. In society, women do not even have the right to live in the real world. The condition of women was reiterated. As time passed specific laws were enacted for women to have equal rights as men. Providing equality to women will decrease the discrimination against women in various aspects. After providing equality on important grounds like education, life, etc. There were some personal laws in which equality was not being provided to the women of the society. Education is one of the main factors by which women did not get awareness about laws regarding equal rights. As time passed the women of the society were informed about the equal rights for them to not suffer.
It is known that if a married woman has been separated then her husband will provide all the necessities even after the marriage. If a married woman has become a widow. Then after the death of her partner, the necessities that her husband was providing would have worsened. As a woman becoming a widow staying in a joint Hindu family became a refugee home for her. But as time passed the preferences of the people staying in joint families decreased because of this. Women were not provided with equal property rights. By this under various personal laws according to different religions, property rights were given importance by enacting various new laws.
History
Various acts are being enacted for different religions. (eg: Hindu Succession Act 1956, Indian Succession Act 1925, Muslim personal law application Act 1937, etc.)
The history to claim matrimonial property rights came in the pre colonial era in which the religious texts like Manusmriti offered limited property rights to women, primarily through the concept of Stridhan. Sridhan referred to the gifts received at marriage and inherited property. However, inheritance rights for daughters were often restricted or excluded. As various regional customs governed property rights, but women’s ownership was generally limited and dependent on factors like family lineage and marital status.
Then in the colonial era Britishers came up with several laws which recognized separate property for married women.However, its application varied and often excluded Hindu women due to the existence of personal laws.
Then Hindu women’s right to property Act of 1937 came which granted Hindu widows inheritance rights in their husband’s property and allowed them to inherit independently.
But various problems came as in the Hindu religion, women were struggling to attain their property rights from the family. Thus to give married women property rights under Hindu law the act has been enacted the Hindu Succession Act of 1956. The Hindu Succession Act of 1956 applies to both men and women who belong to Hindu, Sikh, Jain, and Buddhist religions. The Hindu Succession Act of 1956 deals with the distribution of property when there is no will written for the distribution of the property.
Laws enacted for matrimonial property rights
As time passed it was decided to make the wife entitled to have the matrimonial property. This was decided after the case name B.P Achala Anand v S. Appi. Reddy. After this case, it was held that the wife is entitled to stay under the roof of the husband and maintenance will be taken care of by the husband.
As per section 10 of Hindu Succession Act which states about distribution of property among legal heirs and the rights of the property which the wife has whether she is divorced,married,or has become a widow, If the wife has become a widow then she is also legally entitled to have equal share of her deceased husband’s property. If any shares have not been distributed or present then the widow is legally entitled to have the right to take all the property of her deceased husband.
If the woman is married then she has the sole right to have the property whether earned,gifted,inherited etc. She also has a right to be a sole owner of the property. Wife has the right to have maintenance,shelter,and support from her husband or family if she is living apart.
If it is the case of divorce then the wife has certain rights and the husband has certain rights but all the distribution is settled as the case proceeds. After the issues are settled both wife and husband do not owe anything to each other and are separated and become independent. Thus in the case of death of an ex husband the divorced wife is not entitled to have any right to claim the property or any shares of the property.
If the divorce has not been placed but the husband is having a second wife without divorce. The marriage with the second wife will be declared to be void and she will not be entitled to have the right to have the husband’s property but the children of the second wife are entitled to have the shares of the husband’s property. And the marriage with the first wife will remain intact and she will be entitled to have the husband’s property or the shares of property.
As time passed The Married Women’s Property Act, of 1956 passed.This Act was applicable to all religions (except Muslims), and established the concept of separate property for married women, protecting their earnings and acquisitions from their husbands’ claims.
Then several amendments and judicial pronouncements came which strengthened women’s property rights, including the Domestic Violence Act, 2005, which granted them residential rights in the matrimonial home.
Critiques
Although Hindu law has made significant strides in recognizing women’s property rights, particularly through the Hindu Succession Act (1956) and the Married Women’s Property Act (1956), critiques still exist that are
The Patriarchal Legacy which is present. As the Traditional notions of male inheritance and control over family finances leads to inequality for the couples in the marriage. Daughters may receive less parental property compared to sons.
The concept of stridhan evolved as stridhan protects women’s inherited and gifted property, but its scope and recognition can vary by community and tradition. The onus of proving Stridhan ownership can also be challenging for women.
The distinction between ancestral property and separate property can be unclear, leading to disputes and litigation during divorce or separation. Determining the fair share of spouses, especially for jointly acquired property, can be complex and subjective.
Societal pressures and stigma surrounding women claiming their property rights can discourage them from pursuing legal options, especially in rural areas.
Lack of awareness about legal provisions and access to legal aid can hinder women’s ability to claim their rightful share in matrimonial property. This is particularly challenging for women from marginalized communities.
While judicial pronouncements have played a significant role in expanding women’s rights, they often rely on discretionary interpretations, leaving room for inconsistent application and potential gender bias.
While access to and ownership of property is crucial for economic security, it’s important to recognize that domestic violence remains a significant barrier to women’s full enjoyment of their rights. Comprehensive legal and social interventions are needed to address domestic violence effectively and ensure women’s safety and well-being.
Conclusion
Overall, the story of matrimonial property rights in India is one of constant evolution and ongoing struggles for gender equality. While significant progress has been made, continued efforts are needed to ensure women’s economic empowerment and full ownership of their rightful share in marital property.
Critiques highlight the need for continual evaluation and reform of Hindu law to ensure gender equality in matrimonial property rights. Effective implementation, legal education, and social support systems are crucial to bridge the gap between legal provisions and lived realities for women in India.
References
- Hindu Succession Act 1956
- This article was originally written by Adv. Rupa K.N published on ezy legal website. The link is herein.
https://www.ezylegal.in/blogs/wifes-property-rights-in-india-quick-overview
- This article was originally written by Debarati Halder and K. Jaishankar and published on the website jstor. The link is herein.
https://www.jstor.org/stable/25654333?seq=15
- This article is originally written by Mehak Jain and published on ipleaders website. The link herein.
https://blog.ipleaders.in/property-rights-of-married-women/#Conclusion
- This article was originally written by Bibhabasu Misra and published on legalserviceindia website. The link herein.
- This article is originally written by Devanshi Bang published on amikusqriae website. The link herein.
https://theamikusqriae.com/matrimonial-property-laws-in-india-a-socio-legal-study-of-womens-rights-in-contemporary-jurisprudence/