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Women's Rights and Family Law 'Recent Trends'- Flavia Agnes

Women's Rights and Family Law 'Recent Trends'- Flavia Agnes



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Published by shobhit1562
Matrimonial Home and Women’s Rights, Maintenance and Morality, Muslim Women and Islamic Jurisprudence, Good Mother, Bad Mother – Issues in Child Custody, Legal Issues in Child Sexual Abuse
Matrimonial Home and Women’s Rights, Maintenance and Morality, Muslim Women and Islamic Jurisprudence, Good Mother, Bad Mother – Issues in Child Custody, Legal Issues in Child Sexual Abuse

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Published by: shobhit1562 on Sep 08, 2009
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Matrimonial Home and Women’s Rights
Concept of ‘Matrimonial Home’
Supreme Court on ‘Matrimonial Home’High Courts on Matrimonial Home
Properties of Divorced Couple - Jurisdiction of Family CourtDomestic Violence Act and Civil Injunctions
Maintenance and Morality
Removal of Ceiling under S.125 Cr.PCChastity, Morality and MaintenanceInformal Marriages and Right to Maintenance
Muslim Women and Islamic Jurisprudence
An Overview of Muslim Personal Law
Divorced Muslim Women and Right to MaintenanceValidity of a Muslim Divorce
Good Mother, Bad Mother Issues in ChildCustody
Women’s Right to Custody of Children
Muslim Mothers and Child CustodyMother as Natural Guardian -
Gita Hariharan
Legal Issues in Child Sexual Abuse
Concept of ‘Matrimonial Home’
Upon divorce, most women lose the right of residence in theirmatrimonial home. 'Matrimonial home' is defined as a residencewherein a man and woman have resided as husband and wife. Why isthe right to reside in the ‘matrimonial home’ important to wives, botheconomically and socially? Why is it important for the woman to have aright to the matrimonial home specifically rather than any otherresidence?When faced with violence, most women do not opt for divorce for fearof being rendered shelterless, as they may not be accepted in theirnatal families. During the marriage, they have built support structuresaround their matrimonial home, which are important to their survivalas single women. A single woman is vulnerable to harassment and itwould make the situation easier for the wife if she can continue toreside in an area with which she is familiar and has a support structure.If women have children, the displacement from their schools or homeenvironment may cause them further distress.Further, the quality of the shelter is linked to questions of socialstanding and economic security, for example, the size of the house andthe locality in which it is located. Given the drop in economic securitywhich women experience upon divorce or separation, it is important toprovide stability as far as possible by giving them rights to the house inwhich they resided in the course of the marriage. Having to establish anew home would be an additional burden.But our matrimonial statutes do not recognize women’s right of residence or women’s right to a share in the matrimonial home andwomen are systematically deprived of this right. Once the wife has leftthe home, courts are reluctant to restore her right to reside in thematrimonial home, while if she is in the home, it may be relatively easyto get an injunction (protective order) restraining her husband fromthrowing her out. The legal system makes provision for shelter for wives in two ways,through provision of maintenance and of the dwelling house. The HinduAdoptions and Maintenance Act, 1956, defines “maintenance” asincluding provision for residence, thus the right to shelter under the Act

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