Atul Subhash Tragedy: Key Legal Rights Every Husband Should Know In Indian Marriage Laws

1.  Husband has full ownership and control over self-acquired or ancestral property unless otherwise specified by a will or agreement. Wives do also have right in the ancestral property of the husband.

According to Sumedha Halder, Advocate of Delhi High Court and Supreme Court, wives can claim their rights in the ancestral property but ownership rights get dissolved in case of divorce. The property will pass onto the wedded wife upon the death of the husband, except in case of a will.

 2 - As per the Hindu Succession Act, 1956, a husband can inherit property from his wife if she passes away intestate (without a will).  Husband do fall under class II heirs so property will devolve upon him only if the class I heirs, that is children are not there.

So far as the will is considered, that is unnatural succession, so it will take place as per the clauses of the will.

 

 

 

1 - A husband can claim maintenance under the Hindu Marriage Act, 1955, or the Criminal Procedure Code (CrPC) if he is unable to support himself due to financial incapacity or illness.   2- The wife may be legally obligated to provide maintenance under certain circumstances, with courts deciding based on evidence of need and incapacity.  

 

1- Fathers have equal rights to apply for the custody of minor children during divorce or separation under laws like the Guardian and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956. 

However, upto 5 years  mother has an exclusive custody right of the child irrespective of sex but visitation rights are always there devoid of any age, as highlighted by advocate Sumedha. A woman is only denied custody only in the rarest of rare cases.

2. "From 5 years  to 18 years, father can seek custody, but welfare of the child is paramount consideration and also the desire of the child," Sumedha adds.

 

 

 

 

While the Domestic Violence Act, 2005, primarily protects women, husbands can also seek legal protection if subjected to harassment, abuse, or violence by their wives or in-laws.

1-A husband has the right to companionship and the expectation of a consensual marital relationship. 

 

2- If the wife refuses to consummate the marriage without valid reasons, the husband can seek annulment under relevant marriage laws.  

 

Husbands can file for divorce under laws like the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, citing grounds such as cruelty, adultery, desertion, or irretrievable breakdown of the marriage.  

 

(P.C- FreePik)