At Abhilasha, we believe in a future where women are able to access equal protection and legal remedies. Our mission is to encourage women empowerment and justice through a movement of people who know how to use and shape the law. Our advocacy is inspired by our interactions and experiences with women and children. Here are a few of the issues we’ve provided legal advice on:

Issue: Divorce by Women

Women may file for divorce in one of two ways:

  • By mutual consent, where both parties agreed to the divorce.
  • Through contested divorce, in which one party files for divorce because they are unhappy with their marriage.

There are multiple grounds on which a person can seek divorce such as: Adultery, Cruelty, Venereal disease, Mental Instability of the partner, Renunciation etc.

Issue: Domestic Violence and Harassment for Dowry

Instances of domestic violence and dowry harassment are generally dependent on the facts of the case. Any woman can file an FIR in the nearest police station in case of harassment at the hands of either the husband or in-laws. Women can file complaint under section 498-A of the Indian Penal Code and also under the provisions of Domestic Violence Act, 2005. Women can also demand protection from in-laws and maintenance from husband in case of separation.

Issue: Alimony under Indian Law

Alimony is determined on a case-by-case basis rather than being mandatory. It is largely gender-neutral and does not always imply that the spouse must contribute to alimony payments. If one partner in a relationship makes more money than the other, then the prosperous partner may be required to pay maintenance if the court determines the other partner isn't making enough money. The number of children the couple has is also a contributing factor to the decision.

Issue: Rights of Inheritance And Succession for Daughters

In light of new developments and recent judicial developments, succession and inheritance laws have undergone much reform. Especially in cases of Hindu Successions, daughters now have an equal share in both, ancestral and self-acquired property.

Issue: Legalities Surrounding Surrogacy and Artificial Reproductive Technology

Who is eligible for ART? - Any infertile married couple that is unable to conceive after 1 year of unprotected coitus or any other proven medical condition that prevents the couple from conception may utilize ART services. Additionally, a woman above the age of 21 years may also undergo such procedures.

What are the conditions surrounding surrogacy in India? - The only permitted form of surrogacy is Altruistic Gestational Surrogacy. The intending parents/woman must be of Indian origin.

Issue: Legalities concerning Medical Termination of Pregnancy

Any woman over the age of 18, married or otherwise, is eligible for medical termination of pregnancy if approved by a requisite number of doctors, depending upon the stage of the pregnancy. For minors however, the written consent of a guardian is mandatory.