Your Rights: Intimate Partner Relationship & Marriage

 NOTE: The following data has been reproduced from Saahas, an app for individuals facing gender based violence to find assistance easily, created by Kirthi Jayakumar.

Kirthi has been a huge pillar of support and a personification of kindness and generosity since the get-go of this initiative. Members of The Neeti Project hold deep gratitude towards her constant support and contributions to make this space and the world at large, a better place.

(Image Source: Times of India)

Taken From: Saahas App

What Are Your Rights Within an Intimate Relationship?

In an intimate relationship, both parties have equal rights, and the freedom to lead their lives while remaining married, with:

• dignity
• respect
• freedom
• care
• support

without any: 

• threats
• assault or
• deprivation of your safety and freedom. 

There are no laws that specifically govern relationship dynamics and how you can navigate them when they get abusive, violent or unsafe to your interests. However, this does not mean that you have no rights. 

Within the space of a relationship: 

• your individuality remains as it is and is not compromised because you are in a relationship. 
• You have a right to say no, you have a right to get out of an abusive relationship, and to end it. 
• You have a right to ask for help from anyone you trust in order to do so. 
• In a relationship, you have the right to feel safe, equal and comfortable, and a threat to any of these in any form, or an attack on any of these in any form is not acceptable.

Upon ending a relationship, there are no specific legal rights like those of alimony.  

What Are Your Rights Within Marriage? 

Within a marriage, both parties have equal rights, and the freedom to lead their lives while remaining married, with: 

• dignity
• respect
• freedom
• care
• support 

without any: 

• threats
• assault or 
• deprivation of your safety and freedom. 

Laws are made to protect parties to a marriage in situations where a spouse faces abuse or violence or threats of abuse or violence at the hands of the other. 

When a marriage gets abusive or violent, you have the right to leave the marriage, end it, or even choose to work with your partner with the help of a therapist, a counsellor or any trusted and experienced practitioner. Regardless, anything that you do should be a consequence of your informed choice being the basis of your decision.

If you want to legally end your marriage owing to abuse or violence: 

• One option is to seek legal help and file for a divorce or annulment of the marriage by initiating legal proceedings. Annulment is provided by courts in India where a marriage is void or voidable. Click here for more information. 
• A divorce is sought where a marriage is voidable, often due to changed circumstances between the parties. 
• A void marriage is one that is outright illegal and prohibited by the law, and therefore is automatically annulled. 
•  A voidable marriage is one where an annulment is sought by either party on grounds such as bigamy, impotency, lack of mental capacity, lack of age of consent, marriage obtained by fraud or marriage obtained by force.  
• There is also a ground for divorce on mutual consent, where both parties agree to end the marriage.  When you seek a divorce, and especially if you are not earning, and / or have children whose custody is with you, you are entitled to seek alimony from your ex-spouse which is calculated based on facts and circumstances involved, and determined by the court. 

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References

Saahas. (2020, September 13). Ending Abusive Relationships.
Survivor Support. https://gbvsurvivorsupport.wixsite.com/saahas/post/ending-abusive-relationships