A Critical Analysis Of Literature On Community Of Property For The Married Women In India
- Indian Journal of Law and Legal Research
- Feb 15, 2025
- 2 min read
Dr. S. Arockiam, B.Sc., M.A., M.L., Ph.D. (Law), Assistant Professor, Chennai Dr. Ambedkar Govt. Law College, Pudupakkam, Chengelpet, Tamil Nadu
Dr. V. Vijayashri, M.L., P.G.D.I.T.L., Ph.D. (Law), Assistant Professor, Chennai Dr. Ambedkar Govt. Law College, Pudupakkam, Chengelpet, Tamil Nadu
ABSTRACT
In India, there is no such legal intent to be divided equally either on divorce or intestacy even if the income of a married woman is blended with that of her nuptial home property. This has become the legal hindrance for recognizing the marital share for a married woman in India. Hence, married woman has no legal rights to claim any share from such property in case of divorce or separation even if her income is blended with the marital property. The right of married women to ‘marital/community of property’ upon divorce/separation is a new legal regime that needs a close study in the present development in the Indian context. There is hardly any legislation or literature on the matrimonial property rights of women in India. This has made the married women to face different treatment upon divorce and forced to litigate for the maintenance under various provisions of law. There is no active effort or campaign carried out for a legislation to be put in place on the marital property rights in India. The judicial writers of this time and women’s rights advocates in India have not awakened to these issues. Hence this article traces out literature available on marital property/community of property in India and other nations for the purpose of implementing the same in India.
Keywords: Women’s Property rights/ marital property/ community of property/ Indian married women/ Literature on community of property.
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