Rights Of A Woman Separated From Her Husband

Separation and divorce are two different things but to do either take a huge amount of courage. In our society where even thinking about separation and divorce is considered shameful, to actually make that decision for yourself and your partner is a very tough road to walk on. Above that, many people, especially women, are unaware of the rights they have. Rights of a woman separated from her husband are many but we all live in the shadow of ignorance.

Many have questioned the idea of women having more rights than a man in separation and in divorce. It is true that women get more rights but it is fair. Many women are forced to quit their jobs after marriage for the sake of managing a household, which takes away their financial freedom. Alimony in such a situation, which is very common in India, is justified. Our country and its culture prides itself in the art of victim blaming but that’s partially applicable here. When a separation or a divorce takes place, our society automatically blames the woman, be it her fault or not.

After a separation or a divorce, a man is more likely to have the same respect and freedom as he did before his marriage but a woman is shamed for the same. All the rights are given based on the societal norms and how women are treated in our supposed modernised country.

Right To Seek Maintenance And Alimony

A woman separated from her husband has the right to seek alimony from her husband. Now read it all before you go all defensive. As stated above, the chances of a woman in Indian not being financially independent are extremely high. Just because she had a job before marriage doesn’t mean she continued it after marriage.

Most families are conservative and don’t believe that women should continue to work after marriage or after they have a child. It sounds unbelievable but it’s one of the biggest truths. The laws for a woman earning and a woman not earning are different. In addition to that, the right to seek alimony from her husband for their child is completely justified. The kid belongs to the both of them. Even if the situation was the other way around and the husband was seeking alimony for the child, it would still be justified. Though they are not living together, the child is both of their responsibility.

The Woman Can Take The Child With Her

Makes sense. Our society teaches women to be more sensitive and caring towards children whilst men are taught to be loving from afar. Many men and women are trying to help break these stereotypes but in the current scenario it is believed that it’s best for a woman to take the child with her in cases of separation and divorce. Yes, it is sexist to assume that a woman can take better care of children when there are many men who love kids with all of their heart. But due to patriarchy, women are more competent than men when it comes to raising a child. In all honesty, if you believe that your wife can’t take as good care of your child as you can, all you need to do is challenge it in court.

Many people believe they can never win against a woman in court. It depends on who the judge is and if you are on the right side. You can’t commit sins and expect the court to side with you. And if you’re on the right side, the perception of women if the judge matters too. If a judge looks at women as meek and weak, it’s not your or the woman’s fault. It’s the patriarchy. Always remember though, if you’re right, you’ll get what you deserve one way or the other.

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In separation, these two rights stand out the most. Others involving, right to the child’s custody and the right to report the husband’s for domestic abuse, are rights everyone deserves. The truth is, we blame everything on women and when they take a stand against it, we shame them. It’s a continuous vicious cycle. After a divorce, if a woman gets in another relationship or gets married again, her dignity is questioned. On the other hand, a man has the right to get married again for his happiness.

Patriarchy does exist. It’s not a myth, it’s the reality. Fight against it.

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