Hardik Pandya-Natasa Stankovic divorce: A look at women's legal entitlements in husband's property, alimony
By Rishika Khanna | First Published Jul 19, 2024, 1:19 PM ISTIf a married couple decides to take a divorce, here are the property rights and alimony laws of women in India.
Hardik Pandya, an Indian all-rounder, and actor Natasa Stankovic have chosen to separate ways. The couple who were engaged in January 2020 and have a three-year-old son named Agastya, announced their split on Instagram. Divorce may be a complicated and emotionally draining process that requires a thorough understanding of legal rights and entitlements. Women facing this difficult period must be aware of their rights, with a focus on alimony and property split. Understanding these entitlements can help make the process go more smoothly and ensure that their rights are adequately protected.
Property rights of women during divorce
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If the husband and wife jointly pay for and possess a property, the wife is entitled to a share of the husband's portion in addition to her 50% interest. If the wife is separated or abandoned by her husband, she can claim half of the husband's portion in addition to the 50% share in her name. She also retains the right to live on the property until the divorce is finalized.
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Maintenance rights
During a lawful separation, a woman can seek support for herself and her children under Section 125 of the Indian Penal Code. This includes:
Interim maintenance
Paid by the husband between the date of filing for maintenance and the court's ruling.
Permanent Maintenance
Provided under Section 25 of the Hindu Adoption and Maintenance Act 1956, either as a flat amount or monthly payment determined by the court. Alimony in India is governed by several legislation, including the Hindu Marriage Act and the Special Marriage Act. To decide on alimony, courts evaluate a variety of variables, including the couple's standard of living, the duration of the marriage, and the requirements of any children. If the spouses' incomes are significantly different, even a working woman may be eligible for alimony.
Women can claim Streedhan, which includes all gifts received before, during, and after marriage. This includes jewels, stocks, bonds, and other assets. The Hindu Succession Act and the Hindu Marriage Act give women the legal right to regain their Streedhan from in-laws if necessary. According to Lakhotia, women can also claim jewelry and Streedhan that their in-laws own, and if unsuccessful, they can seek remedy under Section 14 of the Hindu Succession Act 1956 and Section 27 of the Hindu Marriage Act 1955.
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