Matrimonial Rights: Meaning, Rights and Obligations

What are Matrimonial Rights?

Matrimonial rights and obligations refer to the legal responsibilities and entitlements that spouses have towards each other within a marriage. Personal laws, often known as family laws, deal with issues about families and individuals, such as guardianship, inheritance, succession, gifts, wills, marriage, dowry, etc. Personal laws and religion are closely related in India. Certain rights and responsibilities are bestowed upon husband and wife at marriage, including maintenance, inheritance, and conjugal rights.

Key Takeaways:

• Marriage was viewed as a social institution that would prevent males from engaging in unrestricted polygamy and establish a child’s paternity.
• The basic rights of both parties to a marriage are safeguarded by marriage laws.
• In order to legally govern matters pertaining to life after marriage, the Indian court has created specific regulations for Hindu residents.

Matrimonial Rights and Obligations

Marriage gives both husband and wife certain rights and duties, like conjugal rights, maintenance, and inheritance. These are discussed below:

1. Conjugal Rights

• The partners get conjugal rights upon marriage. These are the benefits and rights that come with being married, particularly the shared rights to support, companionship, and sexual interactions.
• The term ‘consortium’, which denotes an alliance or affiliation or the legal right of one spouse to assist and be comrades with the other, serves as the foundation for this privilege.
• Each party has the right to cohabit. Cohabitation is the act of living with another person or in the same place as them.
• It is believed that a man and woman’s cohabitation represents the ideal sexual partnership. It refers to a close, emotional, and physical bond that includes a matrimonial home, which is a shared residence.

2. Right of Maintenance

• When a man marries, he assumes responsibility for providing his spouse from his income and other sources in a manner appropriate to his overall earnings.
• This duty is still in effect for the length of the marriage, and occasionally even longer, even in cases when the wife earns a respectable living on her own.
• Husband and wife used to divide up the job in the past. The husband’s job was to provide for and look after the wife when he was earning a living.
• The wife’s responsibility was to live beneath the husband’s roof and be protected. The woman has the unalienable right to maintenance from her husband under Hindu law.
• The Hindu Adoptions and Maintenance Act of 1956 codifies her entitlement to maintenance.

When determining the maintenance amount, the court considers a number of criteria, including the husband’s financial situation and obligations. For the spouse, there is no such equivalent right. However, if a marital disagreement is brought before the court, the Hindu Marriage Act, 1955, states that a financially disadvantaged spouse may be entitled to maintenance pendent lite, or support, while the case is pending, as well as permanent alimony, or support, at the time the case is finally resolved. Permanent alimony is not the same as litigation costs. The court will assess what is reasonable when determining the amount of permanent alimony, taking into account the parties’ conduct, the wife’s assets, and the husband’s ability to pay.

Right of Maintenance under Parsi Marriage and Divorce Act, 1936

Both the husband and the wife are entitled to maintenance pendent lite and permanent alimony under the Parsi Marriage and Divorce Act, 1936. The criteria used to determine maintenance eligibility are the same as those used for Hindus.

Right of Maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986

The Muslim Women (Protection of Rights on Divorce) Act, 1986, safeguards the legal rights of Muslim women who have either received or been divorced from their spouses. The wife has the right to file for divorce (khula) from her spouse if he fails to provide maintenance.

3. Right of Inheritance

The law of succession governs what happens to a person’s property when they pass away without leaving a will. Inheritance rights are shared by two people who are married. Individuals who practice various religions are subject to distinct succession rules.

In an undivided Hindu family, assets are split in accordance with the Hindu Succession Act, 1956’s succession laws, in the event that a male or female passes away without leaving a will. Husband and wife are listed in the list of most desired heirs under the Act. Each of them is able to designate beneficiaries for their own properties in a will. However, the Hindu Succession Act, 1956, dictates how ancestral property must be divided up.

According to Muslim law, if a woman dies and there is a son or a son’s kid, the husband is entitled to 1/4 of the property; if there isn’t, the husband is entitled to 1/2 of the wife’s inheritance. If the spouse passes away, the wife’s portion is 1/8th of the estate if there are children; if not, her part rises to 1/4th. A Muslim is not allowed to give away more than one-third of their fortune in a will under Islamic law.

4. Matrimonial Property

Gifts and property acquired at or around the time of marriage are equally owned by the husband and wife. However, each of them has unique features that are unique to them.

For instance, Hindu law has the notion of stridhan. The wife is the exclusive owner of whatever presents her parents and in-laws give her. She handles things as she sees fit.

Under Muslim law, the idea of a ‘dower’ is another example of property that is solely the wife’s. A wife’s right to receive property or money from her husband as payment for their marriage is known as her dower. It would really be more accurate to state that the husband is required to pay dower as a sign of respect for the wife.

Matrimonial Rights and Obligations- FAQs

What does “cohabitation” mean?

“Cohabitation” is the act of living with another person or in the same place as them. It is believed that a man and woman’s cohabitation represents the ideal sexual partnership. It denotes a close-knit emotional and physical bond or partnership, which includes a “matrimonial home,” a shared residence.

Which law establishes a Christian wife’s rights?

The rights of a Christian woman are governed by the Indian Divorce Act 1869. None of the aforementioned groups; Hindus, Muslims, and Parsis are covered by this Act. The Act’s provisions are identical to those found in the Parsi law, and the same factors are taken into account when awarding maintenance, including both permanent and pendent lite alimony.

Do Muslim marriages have to be registered?

Following the enactment of this Act, all Muslim marriages must be recorded as specified below, and the registration period will end thirty days after the Nikah ceremony.

Is marriage a moral obligation?

Promises are made during marriage, which is the main reason it establishes moral duties. Making promises can lead to the creation of moral responsibilities.

What fundamental duties come with being married?

It is required of the husband and wife to live together, show each other love, respect, and faithfulness, as well as to support and assist one another.

References:

• National Portal of India
• District Courts| Law on Maintenance of Wives & Others
• THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986| Legislative Department
• Legal Studies- Class XI, NCERT

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.