FAQs on Womens Rights – Part II

Rights of the hindu woman in marriage

1. Is there an equal right of inheritance for the Hindu woman?

Yes, the Andhra Pradesh Hindu Succession Amendment Act 1986, confess equal rights of inheritance to Hindu women along with men thus achieving the constitutional mandate of equality. Such landmark acts would eradicate the ills brought about by the dowry system while simultaneously ameliorating the condition of women in Hindu society.

2. What is the position of a woman who has been married off before she turned 18?

A woman whose marriage has been performed when she was under 15 years of age can reject the marriage, or "repudiate" it and get a divorce on that ground alone. Although she can only take the step after turning 15, it must be done before turning 18. However, by doing so she might lose the right to maintenance or alimony which a divorced woman can legally claim.

3. If a woman has been forced into marriage, is such a marriage void or can it be declared void. What if she had been cheated into that marriage?

Such marriages are voidable. If the complaining party had been made to consent forcibly or by fraud, by not relating the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided. In that case, a petition for annulment must be presented within one year after the force ceased to operate or the fraud has been discovered. Most important of all, the petitioner or complaining party should not have lived willingly with the other after the end of the force or after discovering the fraud.

4. What can a woman do when her husband marries someone else while still married to her?

Marrying again during the lifetime of one's wife or husband is known as bigamy. It is a criminal offence, punishable with imprisonment and fine. A bigamous marriage is void, a complete nullity. If a woman has prima facie evidence that she is lawfully married to a man who is about to or has remarried, she can register a criminal complaint and the police are expected to stop him from getting married. If a wife learns that her husband is going to marry again she can get an injunction from the court forbidding the marriage before it occurs. After it has taken place, a wife can ask the court for a "declaration" that the second or bigamous marriage is null and void. Proving bigamy, however, is not easy. It is up to the complainant wife has to prove that both the marriages, her own as well as the second bigamous one have been performed properly according to the appropriate ceremonies. Many a time the prosecutions for bigamy fail because the complainant does not have the proof of the bigamous marriage. The accused husband can usually successfully claim against all efforts to prove the contrary that essential parts of the ceremony were never carried out and escape punishment.

5. If a Hindu woman wishes to marry a non-Hindu, under what law can the marriage be conducted?

If a Hindu woman wishes to marry a non-Hindu, and if the couple wishes to have a religious marriage governed by Hindu law, then the non-Hindu partner must convert to Hinduism. If the non-Hindu partner happens to be a Christian then it is possible for the couple to marry according to Christian rites under the Indian Christian Marriage Act, 1872. But, then the marriage shall be governed by the Christian Personal Law. The third option and in some ways the simplest one, is to have a civil marriage under the Special Marriage Act which facilitates marriages between any two people, including members of any two religious communities. It does not involve conversion and also permits people to avoid various complications that arise from marriages under various religion-based personal laws.