Rights of Women in Matrimonial and Property Disputes: A Legal Perspective in India

Published On: October 15th 2025

Authored By: Gangarapu Chethana Sree

VIT-AP UNIVERSITY

Introduction

In India, the rights of women in matrimonial and property disputes are rooted in a complex interplay of constitutional provisions, personal laws, and evolving judicial interpretations. The Constitution of India, under Articles 14 (equality before law), 15 (prohibition of discrimination on grounds of sex), and 21 (right to life and personal liberty), forms the foundational basis for gender justice.[1] These rights have been progressively strengthened through legislation and landmark Supreme Court judgments, addressing historical inequalities in family law. Matrimonial disputes encompass issues like divorce, maintenance, alimony, child custody, and domestic violence, while property disputes involve inheritance, stridhan (woman’s exclusive property), and marital assets. The Hindu Succession (Amendment) Act, 2005 (HSA 2005), marked a pivotal shift by granting daughters equal coparcenary rights in ancestral property, eliminating gender-based discrimination. Similarly, the Protection of Women from Domestic Violence Act, 2005 (DV Act), provides safeguards against abuse in marital relationships.

Despite these advancements, challenges persist due to patriarchal norms, uneven implementation, and overlapping personal laws (Hindu, Muslim, Christian, etc.). As of 2025, recent judicial developments, such as the Supreme Court’s rulings on alimony in void marriages and privacy in marital communications, underscore a commitment to women’s dignity and financial independence. This article examines these rights from a legal standpoint, drawing on key statutes, cases, and recent reforms, to provide a comprehensive overview. It highlights the empowerment of women while noting areas needing further reform.

Rights in Matrimonial Disputes

Matrimonial disputes in India are governed by personal laws tailored to religious communities, supplemented by secular provisions like Section 125 of the Code of Criminal Procedure, 1973 (CrPC), now partially aligned with the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). Women’s rights in these disputes aim to ensure financial security, protection from abuse, and equitable treatment post-separation.

Right to Divorce and Grounds

Women can initiate divorce under various laws. Under the Hindu Marriage Act, 1955 (HMA), grounds include cruelty, desertion, adultery, and conversion. The Special Marriage Act, 1954, offers similar provisions for interfaith marriages. A significant development is the recognition of “irretrievable breakdown of marriage” as a ground for divorce, as affirmed by the Supreme Court in Shilpa Sailesh v. Varun Sreenivasan, (2023) 8 SCC 1, allowing dissolution without mutual consent in exceptional cases. In 2025, courts have emphasized mental cruelty, including baseless allegations, as sufficient grounds, as seen in the Madhya Pradesh High Court’s dismissal of a husband’s divorce plea while praising the wife’s resilience.[2]

Muslim women benefit from the Muslim Women (Protection of Rights on Divorce) Act, 1986, and the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalizes triple talaq. Christian women rely on the Indian Divorce Act, 1869, amended in 2001 to provide parity in grounds for divorce.

Maintenance and Alimony

Maintenance ensures women’s financial sustenance during and after marriage. Under Section 125 CrPC (now Section 144 BNSS), a wife, including a divorced one unable to maintain herself, can claim maintenance from her husband if he has sufficient means. The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, laid down guidelines for quantifying maintenance, considering factors like the wife’s income, lifestyle, and inflation.

Under HMA Section 24 (interim maintenance) and Section 25 (permanent alimony), courts award lump-sum or periodic payments. In 2025, the Supreme Court ruled that alimony can be granted in void marriages under HMA, expanding protections. Quantum varies; for instance, in a case where a wife demanded ₹12 crore and a BMW, the Court emphasized self-reliance, stating “earn yourself.” Maintenance is not punitive but compensatory, as reiterated in Badshah v. Urmila Badshah Godse, (2014) 1 SCC 188.

Christian and Muslim women have analogous rights under their personal laws, with Muslim women entitled to mehr (dower) and iddat maintenance as per shayara Bano vs. union of India the period iddat can be taken even after the period ended if taken to court.

Right to Residence

The DV Act grants women the right to reside in the matrimonial home, even if not owned by her, preventing eviction during disputes. In S.R. Batra v. Taruna Batra, (2007) 3 SCC 169, the Supreme Court clarified this as a “shared household,” not extending to in-laws’ exclusive property. However, subsequent rulings like Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414, broadened it to include joint family homes.

Child Custody and Guardianship

Custody prioritizes the child’s welfare under the Guardians and Wards Act, 1890. Mothers are preferred for children under five, as per HMA Section 26. In Githa Hariharan v. Reserve Bank of India, (1999) 2 SCC 228, the Court upheld mothers as natural guardians, challenging patriarchal norms.

Protection from Domestic Violence

The DV Act defines violence broadly, including physical, emotional, and economic abuse, offering protection orders, monetary relief, and custody. In Inderjit Singh Grewal v. State of Punjab, (2011) 12 SCC 588, the Court emphasized expeditious proceedings. As of 2025, enforcement remains key, with courts issuing residence orders to prevent homelessness.

Rights in Property Disputes

Property rights for women have evolved from limited estates to absolute ownership, driven by HSA 2005 and judicial activism.

Inheritance Rights under HSA

The HSA 1956, amended in 2005, grants daughters the equal coparcenary rights in ancestral property from birth, retrospective to September 9, 2005. In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, the Supreme Court clarified that daughters’ rights are not dependent on the father’s living status pre-2005, affirming gender parity.

For self-acquired property, women inherit equally as Class I heirs. Muslim women inherit under Sharia, typically half of male shares, while Christians follow the Indian Succession Act, 1925, with equal shares.

Stridhan: Exclusive Property

Stridhan includes gifts received by a woman before, during, or after marriage, over which she has absolute control[3]. In Pratibha Rani v. Suraj Kumar, (1985) 2 SCC 370, the Supreme Court held stridhan as her sole property, not joint with the husband. Recent 2024 rulings reiterate that husbands have no dominion over stridhan, even if entrusted[4]. Misappropriation can lead to criminal charges under Section 406 IPC (now BNS Section 316).

Marital Property and Division

India lacks a community property regime, but courts divide assets acquired during marriage equitably. Under HMA Section 27, joint matrimonial property is apportioned. In V.D. Bhanot v. Savitri Bhanot, (2012) 3 SCC 183, the Court awarded the wife a share in property bought during marriage.

The Married Women’s Property Act, 1874, protects women’s separate property from husbands’ debts. In disputes, courts consider contributions, including homemaking, as in Kamaladevi v. State of Punjab, (1984) 4 SCC 632.

For NRIs, the Foreign Marriage Act, 1969, applies with recent guidelines on marital disputes involving PIOs.

Intersection of Matrimonial and Property Rights

Matrimonial disputes often overlap with property claims. In divorce, women can seek a share in matrimonial assets alongside alimony. The DV Act allows monetary relief for economic abuse, including denial of stridhan. Supreme Court in Satish Chander Ahuja (supra) linked residence rights to property security.

In inheritance disputes post-divorce, ex-wives may lose claims on in-laws’ property but retain stridhan. Recent cases like Vibhor Garg v. Neha, (2025) SC 123, ruled that non-consensual recordings are admissible in matrimonial disputes, balancing privacy with evidence needs.

Recent Developments (2024-2025)

2024-2025 saw progressive reforms. The Supreme Court waived the six-month cooling period for mutual consent divorce in exceptional cases, streamlining processes. In February 2025, alimony was extended to void marriages. The Model Code on Indian Family Law, 2024, proposes gender-just, queer-inclusive reforms.

Judicial trends emphasize parity; for instance, in succession disputes, 77% of rulings grant women some property, though only half secure full coparcenary shares. Concerns over digital assets in wills highlight emerging issues.

Efforts to align family laws with global standards, like signing abduction conventions, are underway[5].

Conclusion

Women’s rights in matrimonial and property disputes in India represent a journey toward equality, bolstered by laws like HSA 2005, DV Act, and CrPC Section 125. Judicial milestones, from Vineeta Sharma to recent 2025 rulings, affirm financial autonomy and protection. However, implementation gaps, cultural biases, and the need for uniform civil code persist. Empowering women through legal awareness and reforms is crucial for true gender justice. As India progresses, these rights must evolve to address modern challenges like digital property and queer inclusivity.