Your Rights within an Intimate Partner Relationship & Marriage

“Hello there! I’m here to provide you with a bit of information on your rights in a intimate partner relationship or marriage. I would like to remind you that suggestions on this post should not be taken as medical advice, legal advice, therapy, etc. or as a one-size-fits-all approach.  Keep in mind that every individual’s journey of  experiencing and navigating through stress or trauma is distinctive because you are one of a kind and no person is truly like you!  Experiencing abuse in any form is NOT OKAY, but what you are experiencing as a result of abuse is valid.  Please know that healing is not a formula and is not for anyone else to define for you. You do you, and you follow all that you need to follow, to help yourself. If you need additional resources or just someone to talk to, feel free to reach out to Imaara Foundation."

What are my 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:

1. dignity

2. respect

3. freedom

4. care

5. support

without any:

1. threats

2. assault or

3. deprivation of your safety and freedom.

Are there laws that govern intimate relationship dynamics?

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.

What am I allowed to expect within an intimate relationship?

Within the space of a relationship:

1. your individuality remains as it is and is not compromised because you are in a relationship.

2. You have a right to say no, you have a right to get out of an abusive relationship, and to end it.

3. You have a right to ask for help from anyone you trust in order to do so.

4. 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.

Am I entitled to alimony if I choose to end an intimate relationship?

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

What are my rights within a marriage?

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

1. dignity

2. respect

3. freedom

4. care

5. support

without any:

1. threats

2. assault or

3. 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.

Am I allowed to leave my marriage if I am experiencing abuse?

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.

What options do I have if I want to end my marriage due to abuse?

1. 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.
   

2. 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.

3. 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.
   

4. 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.