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22-Aug-2023 (In Divorce Law)
What are Duties of wife and what are the rights of husband under the Hindu Marriage Act. If they are unfulfilled, can it be used as a ground for separation?
At the outset, you must know that Divorce or Judicial separation is not granted as per rights or duties but it is granted on the basis of grounds enumerated under Sections 13 and 13A of the Hindu Marriage Act, 1955.
The Hindu Marriage Act, of 1955 does not explicitly define the duties of a wife or the rights of a husband. However, there are certain expectations that are traditionally associated with each role in a Hindu marriage.
Some of the common expectations of a wife in a Hindu marriage include:
To live with her husband and be faithful to him
To provide company, comfort and care to her husband
To perform conjugal duties towards the husband
To treat the husband with respect and dignity
To manage household affairs and take care of domestic duties
To bear children and take care of them in conjunction with the husband
Some of the common expectations of a husband in a Hindu marriage include:
Providing financial support to his wife and family
Protecting and providing security to his wife and family
Treating his wife with respect and kindness
Making important decisions for the family
Providing companionship and performing conjugal duties towards the wife
Treated the wife and other members of the family with respect and dignity
If either spouse fails to fulfil these expectations, it can be used as a ground for a petition for restitution of conjugal rights (if the wife is depriving the husband of her company without a valid reason) or Judicial Separation or Divorce as the case may be under the Hindu Marriage Act, but only in certain circ*mstances. For example, if a spouse is consistently abusive or neglectful towards their partner, the other spouse may be able to seek judicial separation or divorce on those grounds.
It is important to note that separation or divorce should always be a last resort and should only be considered after all attempts at reconciliation have been exhausted. In many cases, counselling or other forms of support may be helpful in resolving issues in the marriage.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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What are the duties of a wife?
Help your husband. ...Respect your husband. ...Love your husband. ...Your husband is the leader of your family.
What is the maintenance of wife in Hindu Marriage Act?
In Section 25 of the Act, the court has the power to order. The husband must pay maintenance to his wife. His wife. In the form of a monthly or lump-sum payment for her entire life.
What are the rights of wife to husband's property?
In India, the wifes rights on her husbands propertyA wife has the right to inherit an equally divided share of her husband’s property. If the husband excludes her from his estate through a will then she has no right to inherit her husbands assets. A wife also has a claim to the ancestral property of her husband.
What is the wife's rights on husband's salary?
According to the Supreme Court's recent ruling, the wife is entitled to at least 25% of the income earned by the husband for maintenance. 07-Dec-2018
Divorce is not granted as per rights or duties but it is granted on on the bases of ground innumerated in hindu marriage act 1955. If you want more specific answer u may call me on mobile to get exact grounds. Advocate Avdhesh chaudhary
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Adv. Avdesh ChaudharyNoida | 200+ Answers
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If both parties are not understand the own duties or any one not understand own the duties thenthey have only one option for mutual divorce by court after file the case, file by both partiess if both parties are ready for mutual divorce. You meet me my office/chamber in court or contact my whatsapp no. or mobile no. for more consultation.
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To perform marital obligations are the duties of wife. If she refuses to perform, you can file a case for divorce or judicial separation. You can also file a restitution of conjugal right under Hindu marriage act. All the best. Revert me.
Adv. Atul PatniDelhi | 200+ Answers
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To be loyal to her husband, and live with him.She will provide her husband with company, comfort and caring.Perform conjugal duties to the husband.Treat your husband with dignity and respect.Manage household affairs and domestic duties.
Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Prafull
Please propose draft code of conduct for spouse under Hindu marriage. We could ensure they are part of common Uniform Civil Code.
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