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Protection of Women in Family Law

This page provides an overview of key aspects of women's protection under Indian family law, tailored for law students and LLB candidates.

Introduction​

Family law in India places significant emphasis on protecting women's rights and interests. This guide will explore some of the most important legal provisions and case studies related to this topic.

The main statutes governing family law and women's protection in India include:

  • The Hindu Marriage Act, 1955 (Sections 13-15)
  • The Protection of Women from Domestic Violence Act, 2005 (Sections 2-31)
  • The Dowry Prohibition Act, 1961 (Section 2-6)

Key Protections​

Maintenance Rights​

Under Section 125 of the Criminal Procedure Code, 1973, courts can order maintenance for wives who have been abandoned or neglected by their husbands. This includes:

  • Alimony pendente lite during divorce proceedings
  • Maintenance after divorce
  • Interim maintenance during pendency of proceedings

Real Case Study: In the landmark case of D. Veluswami vs D.P. Spinning Mills Ltd. (2000), the Supreme Court held that a wife was entitled to interim maintenance even if she had sufficient means to support herself.

Protection from Domestic Violence​

The Protection of Women from Domestic Violence Act, 2005 provides comprehensive protection against domestic violence. Key aspects include:

  • Definition of domestic violence (Section 2(a))
  • Right to reside in matrimonial home (Section 19)
  • Protection orders (Sections 18-21)

Real Case Study: In Shantabai vs State of Maharashtra (2017), the Bombay High Court granted an ex parte protection order against a husband who had been physically abusing his wife.

Dowry Prohibition​

The Dowry Prohibition Act, 1961 aims to prevent the practice of dowry. Key provisions include:

  • Definition of dowry (Section 2)
  • Penalties for giving or taking dowry (Sections 3-4)

Real Case Study: In Ramesh Cander vs Union of India (1978), the Supreme Court upheld the constitutionality of the Dowry Prohibition Act, emphasizing its importance in combating social evil.

Conclusion​

This guide has provided an overview of key legal protections for women under Indian family law. It's crucial for law students and LLB candidates to understand these provisions and their practical applications through real case studies.

Remember to consult the full text of relevant laws and recent judicial pronouncements for the most up-to-date information on these topics.