Rights of Married Women in India: Protection, Maintenance, Residence and Property

By O. Kuttan, Advocate, Supreme Court | Originally published 3 December 2017 | Updated 11 October 2026

Indian law provides married women with remedies for domestic violence, residence, maintenance, child custody, recovery of stridhan, and inheritance. The appropriate remedy depends on the relationship, facts, applicable personal law and evidence. This guide explains the principal statutory protections and how to seek them.

Applicable laws and key provisions

The BNSS and BNS came into force on 1 July 2024, replacing the CrPC and IPC for the relevant new matters, subject to savings and transitional rules. Older cases may still refer to Section 125 CrPC and Section 498A IPC.

1. Protection under the Domestic Violence Act, 2005

Section 3 - Domestic violence: Includes physical, sexual, verbal, emotional and economic abuse, as well as prohibited harassment connected with unlawful dowry demands. A woman in a domestic relationship who meets the statutory conditions may seek relief; the Act is not restricted to wives alone.

Section 12 - Application to Magistrate: An aggrieved woman, Protection Officer or another person acting on her behalf may apply to the competent Magistrate for relief. Assistance can be sought from a Protection Officer, registered service provider or legal-aid authority.

Right to shared household: Sections 17 and 19

Section 17: A woman in a domestic relationship has a right to reside in the shared household even without ownership or title, and cannot be excluded except through due process. This is a residence protection, not an automatic ownership interest in every property of her husband or in-laws.

Section 19: When domestic violence is established, the Magistrate may restrain dispossession, restrict entry, prevent alienation of the shared household, or require suitable alternative accommodation or rent where justified. A direction to remove a respondent from the household under Section 19(1)(b) cannot be made against a woman. The court may direct police assistance, rent-related obligations and return of stridhan or other property under Section 19(8).

Protection orders: Section 18

The Magistrate may prohibit acts of domestic violence, aiding or abetting abuse, specified contact or visits, interference with property or bank accounts, and threats to relatives or persons assisting the aggrieved woman. Orders depend on the evidence and statutory conditions.

Monetary relief: Section 20

The Magistrate may award appropriate relief for loss of earnings, medical expenses, property damage and maintenance for the woman and children. Relief must be adequate, fair and reasonable and may be ordered as a lump sum or recurring payments. Non-payment may lead to enforcement directions, including payment through an employer or debtor as the statute permits.

Temporary child custody: Section 21

The Magistrate may grant temporary custody and regulate visitation during Domestic Violence Act proceedings. A visit may be refused if harmful to the child. Longer-term custody issues may also be decided under the applicable family-law framework, with the child's welfare central.

Compensation: Section 22

The court may award compensation and damages for injuries caused by domestic violence, including mental torture and emotional distress.

Urgent interim relief: Section 23

Where statutory requirements are met, a Magistrate may make interim or ex parte orders, including on the basis of the prescribed affidavit. This can be important when protection is needed before final disposal.

2. Stridhan and a woman's property

Stridhan generally includes property and gifts legally belonging to the woman, whether received before, at or after marriage. Marriage does not transfer her ownership to her husband or in-laws. Under Section 19(8) of the Domestic Violence Act, the Magistrate may order return of stridhan or other property to which she is entitled. Retention or dishonest misappropriation may also raise separate civil or criminal remedies depending on the facts.

3. Maintenance for wife and children

Section 144 BNSS (formerly Section 125 CrPC)

Section 144 permits a Magistrate of the first class to order maintenance where a person with sufficient means neglects or refuses to maintain an eligible wife unable to maintain herself, qualifying children or parents. The statutory definition of wife includes a divorced woman who has not remarried. Interim maintenance and proceeding expenses may also be awarded. Eligibility, means, reasonable needs and statutory exclusions are assessed on the facts; there is no universal fixed amount.

Maintenance may also be claimed under Section 20 of the Domestic Violence Act. Where claims arise under different laws, existing awards should be disclosed so courts can address adjustment and avoid unjustified duplication.

4. Rights under the Hindu Marriage Act, 1955

Section 24 - Maintenance pendente lite: During proceedings under the Act, either spouse lacking sufficient independent income may apply for reasonable support and litigation expenses, considering both parties' income.

Section 25 - Permanent alimony: The court may award a lump sum or periodic support at the time of decree or afterwards, and may vary an award when statutory grounds arise.

Section 26 - Children: The court may make interim and final orders on custody, maintenance and education of minor children, considering their wishes wherever possible and their welfare.

Section 13 - Divorce: Adultery, cruelty and other specified grounds may support a divorce petition where proved. Adultery is not itself a criminal offence following the Supreme Court's decision in Joseph Shine v. Union of India (2018). A second marriage during a subsisting Hindu marriage may attract separate legal consequences; an extramarital relationship alone does not establish bigamy.

5. Criminal law protection against cruelty

Sections 85 and 86 BNS: Section 85 penalises a husband or his relative who subjects a woman to cruelty; Section 86 defines cruelty to include specified grave wilful conduct or harassment connected with unlawful demands for property or valuable security. These provisions broadly succeed Section 498A IPC for offences governed by the new law. A police complaint should describe specific events, dates, persons and supporting evidence.

6. Married daughter's inheritance and coparcenary rights

Section 6 of the Hindu Succession Act, 1956, as amended in 2005: In a Mitakshara Hindu joint family, a daughter is a coparcener by birth with the same rights and liabilities as a son, subject to the statute's savings for specified earlier transactions. Marriage does not extinguish this right. The Supreme Court held in Vineeta Sharma v. Rakesh Sharma (2020) that the father need not have been alive on 9 September 2005 for the daughter to claim the amended coparcenary right. The nature of the property, previous partitions and succession history still matter.

Sections 8, 14 and 15: Section 8 concerns succession to a Hindu male dying intestate; Section 14 generally recognises qualifying property possessed by a female Hindu as her absolute property, subject to statutory qualifications; Section 15 addresses succession to a Hindu female dying intestate. A wife does not automatically acquire a half-share in every asset owned by her living husband merely by marriage.

7. How to seek relief

1. If facing immediate danger, contact local emergency police assistance and seek a safe location.
2. Preserve relevant messages, medical records, financial records, property documents and details of incidents lawfully.
3. Contact a Protection Officer, District Legal Services Authority, advocate or suitable support organisation.
4. File a Section 12 Domestic Violence Act application before the competent Magistrate, specifying protection, residence, monetary, custody or compensation relief needed; seek Section 23 interim relief if urgent.
5. Consider separate maintenance, matrimonial, property or criminal proceedings where appropriate and disclose related proceedings and existing orders.

Official legislation and judgments

• Protection of Women from Domestic Violence Act, 2005 - India Code
• India Code - Hindu Marriage Act, Hindu Succession Act and Bharatiya Nyaya Sanhita
• Bharatiya Nagarik Suraksha Sanhita, 2023 - official text
• Vineeta Sharma v. Rakesh Sharma - judgment
• National Legal Services Authority - legal aid

This article provides general legal information. Applicable law and the correct forum depend on the circumstances and date of the events. Seek qualified legal advice for individual cases.

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