A woman has the right to remain in the matrimonial home along with her husband as long as she is married, though there is no definite law regarding this right. If a woman is being pressurised to leave the matrimonial home, she can ask the Court for an injunction or "restraining order" protecting her from being thrown out. This can usually be obtained quite easily. It is generally advisable not to leave the matrimonial home; it is easier to get a court order preventing a woman being thrown out than to get an order enforcing her right to return to it once she has left or been thrown out.
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What is an 'Injunction' and how does it apply to domestic violence cases? An injunction is a court order directing a person to do or not to do something. A woman has a lot of flexibility regarding what she can request the Court to order. For instance, if she is being stalked by somebody including her husband , she can obtain injunctions against the person coming near her home or place of work, or even telephoning her.
What can be done in the case of dowry-related harassment or dowry death?
Section A of the Indian Penal Code covers dowry-related harassment. As with other provisions of criminal law, a woman can use the threat of going to court to deter this kind of harassment.
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The Indian Penal Code also addresses dowry deaths in section B. If a woman dies of "unnatural causes" within seven years of marriage and has been harassed for dowry before her death, the Courts will assume that it is a case of dowry death. The husband or in-laws will then have to prove that their harassment was not the cause of her death. A dowry death is punishable by imprisonment of at least seven years. When filing an FIR First Hand Report , in a case where a woman is suspected to have been murdered after a history of torture due to dowry demands, the complaint should be filed under section B rather than under section , which deals with abetment to suicide.
Section should be invoked when a woman commits suicide because of dowry-related harassment. Can you refuse to have sex with your husband?
Is there a law on marital rape? Since India does not have a law on marital rape, even if a woman's husband has sexual intercourse with her without her consent, he cannot be prosecuted for rape.
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However, excessive and unreasonable demands for sex, or demands for unnatural sex have been considered forms of cruelty and may entitle a woman to a divorce. If a woman is judicially separated, her husband cannot have sexual intercourse with her without her consent. If he does, he can be prosecuted under section A of the IPC. Note that consent under pressure e. What can a woman do to prevent domestic violence? One option is to get the woman's husband to execute a "bond to keep peace", or a "bond of good behaviour" through the Executive, Magistrate who can order the husband to put a stop to domestic violence.
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The husband can also be asked to deposit securities i. These differences may have deep evolutionary roots. Women, on the other hand, are percent certain they are the mothers of their children. And the most upsetting acts of infidelity from a female perspective involve the emotional ties their husbands may have formed with the significant or insignificant others. They are more likely to forgive their husbands if the affair "meant nothing" and involved no emotional intimacy. Overall, women are more likely than men to forgive a cheating spouse.
Amato said men are not as concerned about the emotional connection between their wives and the third party. Even still, husbands "don't want their wives fooling around under any circumstances," Amato said. They won't think as quickly about their children as the first or second issue; but they will eventually consider that.
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That rise in blood pressure could result from a guy's perception of cheating as something done to him more than something done to the relationship. Practical concerns can also steer a woman in one direction or the other. And, in fact, infidelity is the marital problem most likely to lead to divorce. While such a transgression would rattle any relationship , those in the public eye — as in the Spitzer case — get a Hollywood dose of the marital misdemeanors.
Schwartz agrees, and adds the amount of money that reportedly supported Spitzer's alleged call-girl habit makes this an "extreme situation" of public humiliation. We don't know that. If she did truly love him and he did truly love her but has a narcissistic problem, she may forgive him. All that said, she may go on and be with him," Schwartz said. No surprise — trust is damaged deeply after infidelity is out in the open.
For couples on the journey of patching up their relationships, Candyce Russell, a licensed family therapist, points out the importance of understanding the emotions following infidelity. Stage one roller-coaster : a time filled with strong emotions, ranging from anger and self-blame to periods of introspection and appreciation for the relationship.
Stage two moratorium : a less emotional period in which the cheated-on spouse tries to make sense of the infidelity, obsesses about details of the affair, retreats physically and emotionally from the relationship, and reaches out to others for help. Stage three trust-building : for couples who decided they wanted to stay together and make their marriage work.
Previously she was an assistant editor at Scholastic's Science World magazine. Jeanna has an English degree from Salisbury University, a Master's degree in biogeochemistry and environmental sciences from the University of Maryland, and a science journalism degree from New York University. New York State Gov.
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Eliot Spitzer is joined by his wife Silda as he makes a statement to reporters during a news conference Monday, March 10, in New York. Who cheats and why The Spitzers are far from alone when it comes to fidelity issues. That's one reason "it really shakes up a marriage," Amato said. Women also tend to take the family into account when pondering a split-up.