Protection of Rights of Women in Matrimonial Home – An Overview in the Light of Relevant Judicial Decisions

Authors

  • Dr. Pratim Sarkar Associate Professor, Haldia Law College, Vidyasagar University, Midnapore, West Bengal, India

Keywords:

Matrimonial Home, Constitution, Maintenance, Property, Religious Practice, Domestic Violence

Abstract

On marriage, it is the primary duty of the parties to live together for the performance of their marital obligations. The contract of marriage creates a legal obligation upon the husband and his family members to provide a shelter, maintenance and comfort to the wife. There are various legal provisions which are meant to safeguard the rights of the wife in her husband‘s home and to ensure that she can live there with dignity and safety and it includes the protection of all rights and interests of the wife. It is ironical that most women in our society are unaware of their legal rights, and thus they are not in position to exercise their rights. International human rights treaties mandate state parties to take proactive steps to ensure that women’s rights are respected discriminations are eliminated by laws. The judiciary in India has been playing commendable role and shown much enthusiasm to promote and protect the rights of women in all spheres of society. To achieve the constitutional goal of equality it is equally important to safeguard the rights of women in the matrimonial home.

Published

2021-06-14