NEW DELHI: In the past two decades, India has seen a transformative shift as more women stand up against marital abuse, choosing to break free from toxic relationships. This trend reflects not only the growing financial independence among women but also significant support from the Indian legislature and judiciary.
Matrimonial lawyer Shaili Muzoomdar highlighted this change, saying, “Earlier, laws and judgments were aimed at protecting abused and troubled married women, whereas the recent trend reflects a gradual shift towards empowering such women, and not merely protecting them. In recent times, the Indian judiciary has consistently passed progressive and forward-thinking judgments, sending a loud and clear message to society that a troubled married woman is no longer in a helpless or hopeless situation but has many legal reliefs available to liberate her from such shackles.”
In India, marriages are solemnized either through personal religious rites or under the Special Marriage Act, 1954. Depending on the type of marriage, women can seek matrimonial reliefs such as divorce, maintenance, alimony, and child custody under various laws.
“If a woman has married as per her personal law, she can seek matrimonial reliefs like divorce, alimony/maintenance, custody of children, etc., under her personal law (Hindu Marriage Act, 1955, Indian Divorce Act, 1869, Parsi Marriage and Divorce Act, 1936, Muslim Personal Law (Shariat) Act, 1937, Dissolution of Muslim Marriage Act, 1939, etc.),” said Muzoomdar.
If a woman has married under the Special Marriage Act, 1954, she mentioned, “Women can seek matrimonial reliefs like divorce, alimony/maintenance, custody of children, etc., provided under this Act. The Hindu Marriage Act and the Special Marriage Act provide for an additional matrimonial relief of ‘Restitution of Conjugal Rights,’ whereby a wife who is abandoned by her husband without reasonable cause or justification may approach the court asking the court to direct such husband to return to the marriage and to her society.”
She also talked about several other laws that address abuse and harassment faced by married women, such as Section 125 of the Criminal Procedure Code, which ensures financial support for women unable to maintain themselves. The Protection of Women from Domestic Violence Act, 2005, protects women from physical, mental, and financial abuse within a shared household. The Dowry Prohibition Act, 1961, criminalizes dowry demands, and Section 498A of the Indian Penal Code, 1860, penalizes cruelty and harassment, especially for dowry demands.
These provisions aim to protect women’s safety, dignity, and liberty, ensuring they can choose to leave an abusive marriage or remain in one without enduring mistreatment.
In her attempt to empower women, she said, “India has many laws which protect a married woman while safeguarding her rights to safety (of mind as well as body), liberty, maintenance, dignity, and equal and ethical treatment. Multiple laws are enacted and are in place to ensure that a married woman can either break free from the shackles of an abusive marriage or remain in a marriage without having to tolerate any ill treatment.”
Muzoomdar also emphasized the need for these laws to be tools for justice, not vengeance. “It is necessary to remember that while any matrimonial dispute is riddled with emotions like anger, fear, and anxiety, such laws should be used to end suffering rather than misusing them to cause suffering to the other,” she added.
Shaili Muzoomdar, a matrimonial lawyer, works extensively in matters relating to divorce, maintenance, custody, and restitution of conjugal rights. She also advises on matters related to adoption and surrogacy. She strongly believes in aiming for conciliation over conflict, amicability over acrimony, and resolution over rupture. She has also been a part of the Internal Complaints Committee on the Prevention of Sexual Harassment of Women at the Workplace.