Table Of Content
Introduction: Why Every Woman Should Know Her Legal Rights
In India, the institution of marriage is governed by various laws, but many women remain unaware of their legal rights as a wife. Whether it’s maintenance, residence, or protection from domestic violence, Indian laws safeguard the dignity and welfare of a woman within marriage.
This guide breaks down the legal rights of a wife over her husband under Indian law—so that no woman remains helpless in the face of injustice. If you’re confused, facing delays, or need records or accountability, filing an RTI with the help of RTIwala can also be a powerful tool.
Legal Rights of a Wife Over Her Husband: Explained
Here are the most important rights a wife has in India—across various situations including cruelty, divorce, property, maintenance, and protection.
Right to Maintenance (Section 125 CrPC / Personal Laws)
A wife is legally entitled to financial support from her husband for basic needs like:
- Food
- Shelter
- Clothing
- Medical care
Whether the marriage was under Hindu Marriage Act, Muslim Law, or Special Marriage Act, maintenance is a universal legal right. Even a divorced wife can claim maintenance if she is unable to maintain herself.
RTI Angle: If your maintenance claim is pending with a government or family court, you can file an RTI Online to know the status of application or delay.
Right to Residence (Under Protection of Women from Domestic Violence Act, 2005)
A woman has the right to live in her matrimonial home, even if the house is not in her name.
- Cannot be evicted without due process
- Has right to “shared household”
- Court can order alternative accommodation if violence is proven
Anonymous RTI Option: If you’re facing abuse and need documents or proof, use Anonymous RTI to gather info safely.
Right to File for Domestic Violence Protection
Under the Domestic Violence Act, a wife can file complaints against:
- Physical, emotional, or verbal abuse
- Threats to life or mental health
- Financial abuse or isolation
Courts can grant protection orders, residence orders, or monetary compensation.
RTI Use Case: If your complaint is ignored by police or Women’s Commission, file an RTI Online for FIR Status.
Right to Streedhan and Property
‘Streedhan’ is the property, gifts, or valuables given to a woman during marriage. It legally belongs only to her.
- Husband has no right over streedhan
- Wife can claim it even after separation
- Court can order return of her jewelry or assets
If items are seized or not returned, file a police complaint and use RTI to check its progress.
Right to Divorce and Alimony
A wife has full legal rights to seek divorce on valid grounds like:
- Cruelty
- Infidelity
- Desertion
- Mental disorder
- Impotency
She can also claim alimony, child custody, and division of assets as per law.
Right to Child Custody
Post-divorce or separation, a mother has a strong case for child custody, especially for minor children.
- Courts prioritize welfare of the child
- She can get sole or joint custody
- Visitation rights are also enforceable
Bonus: Other Related Rights
- Right to live with dignity
- Right to file FIR for cruelty (Section 498A IPC)
- Right to medical and legal aid during crisis
- Right to file RTI for case updates, court delays, or government schemes
RTIwala Services for Women Seeking Information or Justice
If you’re struggling to get:
- FIR copy or police action report
- Status of complaint to Women’s Commission
- Delay in maintenance or pension
- Court case updates
- Documents for divorce or child custody
…then RTIwala helps with:
- Online RTI Filing
- Anonymous RTI
- Custom Drafting
- Expert Legal Consultation
- Products for bundles
- Transparent Pricing
Final Word: Empower Yourself With Legal Awareness
Being a wife doesn’t mean being silent. Indian laws grant you powerful rights to protect your life, dignity, financial security, and freedom. Whether you’re facing abuse, neglect, or just need clarity, take legal steps.
And if documents, police inaction, or delays are blocking your justice, let RTIwala help you unlock the truth through RTI.
File RTI Now for Legal Issues
Or consult an expert: +91-7999-50-6996
