National Director – SSJICHRC
It can negatively affect womens physical, mental, sexual, and reproductive health, and may increase the risk of acquiring HIV in some settings. All in all, it takes away the right to freely live from women and hinders with the basic human rights that must be guaranteed to all natural human beings.
The Right to Reside: A married woman has a legal right to reside in her matrimonial home upon her marriage. She cannot be made or forced, either physically or mentally, to leave such a home unless there is a legal obligation to do so, such as the termination of a marital relationship.
The Right to Maintenance: Every married woman has a right to seek maintenance of her lifestyle from her husband if she is unable to provide for herself. If a married woman is forced to leave her matrimonial home, she has the right to claim maintenance for a separate residence and the cost of her residence. In cases where her husband cannot provide maintenance, the married woman has a right to claim maintenance from her in-laws, as part of her rights on the matrimonial home.
The Right to Life and Privacy: A married woman has every right to maintain her privacy and life without any interruption from her in-laws. Such interruption includes any physical or mental harassment or abuse, including any form of domestic violence.
The Right to Property: With respect to the personal laws (if applicable), or as per any other law applicable, the married woman has a right to claim a share in the matrimonial property, which includes a right to reside in the matrimonial house irrespective of whether it is owned by her husband or by her in-laws.
The Right to Seek Remedies: This is a constitutional as well as statutory right. Every married woman, who has been removed from her matrimonial home, has a right to seek remedies through appropriate forums, as applicable by law.