matrimonial disputes and women’s rights: legal remedies available

Matrimonial disputes are one of the most sensitive and emotionally challenging legal issues faced by families in India. They often involve complex emotional, social and financial matters, especially when they affect the rights and dignity of women. Over the years, Indian law has evolved to provide several legal remedies and protections for women in troubled marriages, ensuring they are not left without support.

This blog explains common types of matrimonial disputes, the legal rights of women and the legal remedies available under Indian law.

Types of Matrimonial Disputes

1. Cruelty (Mental or Physical)
   Continuous abuse, violence, or emotional torture within marriage is considered cruelty under Section 498A of the Indian Penal Code.
2. Dowry Harassment
   Demanding dowry before or after marriage is a criminal offense. Dowry harassment is punishable under the Dowry Prohibition Act, 1961.
3. Domestic Violence
   The Protection of Women from Domestic Violence Act, 2005 provides civil remedies like protection orders, residence rights and maintenance.
4. Desertion
   When a spouse leaves the other without valid reason, it is considered desertion—a valid ground for divorce under the Hindu Marriage Act.
5. Adultery and Infidelity
   Though adultery is no longer a criminal offense, it still serves as a ground for divorce.
6. Child Custody Conflicts
   After separation or divorce, custody battles often arise. Indian courts prioritize the welfare of the child, considering both parents.
   
   

Legal Rights & Remedies Available for Women

1. Right to Residence
   Under domestic violence laws, a woman has the right to reside in the shared household, regardless of ownership.
2. Right to Maintenance
   Under Section 125 of the CrPC and personal laws, a woman can claim financial support from her husband during separation or after divorce.
3. Right to Protection from Violence
   The Domestic Violence Act empowers women to file complaints against physical, emotional and economic abuse.
4. Right to Streedhan
   A woman is entitled to claim her streedhan (gifts and valuables received during marriage) from her husband and in-laws.
5. Right to Custody
   Courts consider the best interest of the child and often favor the mother if she can provide emotional and financial stability.
6. Right to File for Divorce
   Women can file for divorce on grounds of cruelty, desertion, conversion, mental disorder, disease, or renunciation.
   
   

How BGD Associates Supports in Matrimonial Disputes

BGD Associates in Delhi offers consultation and lawyer coordination services for women facing matrimonial issues. Whether it is filing a case under domestic violence, seeking maintenance, initiating divorce, or resolving child custody matters, the team connects clients with skilled family lawyers in the right jurisdiction—including Delhi’s family courts.

The goal is to ensure legal safety, emotional support and timely legal action.