Widow rights in India: The Supreme Court and High Court have given many important decisions regarding the rights of widowed women in India within the scope of Indian laws made in the Indian Constitution.
Widow rights in India: There were many movements in India for women’s rights even before and after independence. Many laws were made. Be it the rights of daughters or the rights of married women. But today we will talk in detail about the legal rights of widowed women.
July 16 is very important from the point of view of rights of widowed women. Because on this day in Hinduism upper caste widowed women got the right to remarry. Because in ancient times if a woman of Hindu religion became a widow at a young age. So he was not allowed to have a second marriage. From 16 July 1856 onwards, widowed women got the right to remarry. In which the social worker of that time Ishwar Chandra Vidyasagar had a big contribution.
For this, Ishwarchand Vidyasagar got his own son married to a widowed woman. After independence, from the constitution to the judiciary in India, many big decisions have been given regarding the rights of women. Some such decisions are mentioned further. Who talks about the rights of widowed women.
Father-in-law will take care of the woman
In this case, the Chhattisgarh High Court ruled on the life of a Hindu widow woman after she became a widow. Regarding the maintenance of a widow woman, the High Court said that if the income of a Hindu widow woman is very less, or the property is also so less that she cannot maintain herself. So she can claim maintenance from her father-in-law. The court also said that even after the death of the husband, the father-in-law throws the woman out of the house or the woman lives separately of her own free will. But still the woman can claim maintenance.
Right in the property of the first husband after the second marriage
The Karnataka High Court has given an important decision in this regard. This decision is on these conditions. That if a widow woman marries another. So can she have a claim on the property of her first husband? Karnataka High Court says that even if a widow woman remarries. But his right to the property of the deceased husband (first husband) does not end.
Full right on husband’s property
The Supreme Court has given an important decision in this regard. This decision is on those circumstances. When the woman has limited right over any property while the husband is alive. While the husband is alive, the same woman takes care of that property. So after the death of the husband, the same woman will have full rights on that property. With death only the limited rights will turn into absolute rights. The Supreme Court cited section 14(1) of the Hindu Succession Act, 1956.
The children of the first husband are also entitled to the property of the second husband.
The High Court has given a very important decision in this matter. Referring to Section 15 of the Hindu Succession Act, the High Court said that if a widowed woman dies before making a will. So his children will have a share in his ancestral property. Whether the child is of the first husband, of the second husband, or born out of illicit relations. The court said that if a woman disputes another. So the child born to the first husband will also be a share in the property of her second husband.