RIGHTS OF AFTER MARRIAGE

Generally, parties to a marriage have the following rights: Cohabitation and Conjugal rights which includes intercourse and companionship. If this right is not willingly granted a petition for restitution of conjugal rights may be filed. The court may declare in favour of the petitioner, but cannot force the respondent to cohabit with the petitioner. Non-compliance with the decree for one year shall form a ground for seeking divorce.
Financial security the spouse who is gainfully employed or receives an income, is required to maintain the spouse who is not so. The supreme court and high courts time to time delivered so many judgments on maintenance for wife and child.as per the latest judgments a husband  can not escape from maintenance. now also maintenance can be allowed as per income and social status of husband to his wife and childrens.
Matrimonial home which grants the wife the right to reside in her husband’s residence, and under Hindu law, also to be maintained by him, or his father.
Succession, according to which, a person can succeed to the property of the spouse under personal law, or under the Indian succession act.
Fidelity: Courtesy and decency including the right not to be harassed mentally or be subject to physical cruelty.
Legitimacy of issue: Though the above may be enumerated as rights they have to be deduced from the reciprocal duty on the parties, the failure to fulfil which could be grounds for seeking divorce.

Leave a Reply