Ever wanted to know after divorce what does a wife get? Well, This article is for you. Read this article to know what a wife gets after a divorce.
We can’t live in this life without understanding our partner, sometimes it becomes a burden of our life, some cases we face more than just misunderstanding your partner might not be a good person as he promised that he is, in that case it is hard for you to live with him so you will want to divorce him and move on with your life, in such cases According to Section 13 of the HMA 1955 gives women the legal right to divorce without their husband’s consent.
Adultery, cruelty, desertion, eviction from the marital home, mental illness, and other grounds can be used to obtain a divorce. The Act’s Section 13B allows for mutual consent divorce.
We will discuss the rights of what and how much a wife gets after a divorce.
Maintenance or Alimony
The term “maintenance” refers to the amount that the husband must pay to the wife as a result of the divorce. The major goal is to provide financial independence to divorced women to make their lives easier. Those who have been neglected and seek maintenance have recourse under Section 125 of the Criminal Procedure Court. Only a lawfully married lady is referred to as a “wife.”
The wife is entitled to interim maintenance, which is paid from the date of the complaint filing to the date of dismissal or decree. The purpose of this allowance is to meet her essential needs while the case is pending.
- Working women are unable to seek support before divorce or separation.
- The woman has the right to live in the house until the divorce, but she does not have any property rights throughout the husband’s lifetime.
A divorced woman can collect alimony from her husband for the rest of her life if she applies for maintenance in a civil or high court under Section 37 of the Indian Divorce Act 1869. However, it is exclusively applicable to Christians. This should ideally be done with the help of a financial planner, who will account for inflation as well as other future expenses. “Taking into account her longer life expectancy and earning capacity, the woman should receive a payment that allows her to retain her current lifestyle,”. “It’s also better to choose a lump-sum settlement than a monthly payment because it’s tax-free and won’t lose value due to inflation. The woman should also choose as many liquid assets as possible, as this will assist her in re-establishing her life following divorce” Sunder an Advocate argues.
A child, if there is one, is the one who suffers the most during the divorce process. That helpless individual requires the best possible supervision and care. Child custody procedures in India are governed by the Guardian and Ward Act, 1890, as well as personal laws such as the Hindu Minority and Guardianship Act, 1956, Hindu Marriage Act, 1955, and Muslim personal laws. The legal system assures that the outcome is in the best interests of the kid. The kid’s guardian must be capable of keeping the child safe, giving the appropriate education, covering basic expenses, and offering the finest parental care.
A miserable marriage affects more than just the pair. However, the youngster experiences a significant deal of psychological distress, and the Indian justice system seeks to alleviate the child’s suffering to the greatest extent possible.
Property rights when the property is jointly owned
The husband and wife are both deemed joint owners of the property in this situation, and the wife can lay claim to it after the divorce.
The wife’s property rights can be protected by demonstrating her contribution to the property. Her share of the property rights will be proportional to her contribution to the property.
A key aspect to remember is that if the wife paid in full for the property and it was registered in her husband’s name, she can defend her title to the property as long as she can show it through financial accounts.
If, on the other hand, the husband pays for the property that is registered in the wife’s name, the wife may not be able to claim her property rights after the divorce.
The woman will not be entitled to any of her husband’s investments. She will also be unable to make any claims on the insurance for which the payment was paid in the name of her spouse.
If, on the other hand, the marriage was not formally dissolved and the pair were just separated, the wife may be entitled to the husband’s financial assets after his death.
Splitting homes & loans
The majority of conflicts, predictably and invariably, occur over immovable property. The wife has complete control over her property and is the only owner, whether it was given to her, inherited, or earned. She does not have any claim to the husband’s ancestral or self-acquired property until she inherits it from him. “Only if the husband and wife jointly own a property at the time of divorce wife can file a claim.” If the husband bought the house when they were together and he controls the title, the wife can claim if she can show she has equity in the house.
If one person purchases and pays for a property while another holds the title, the person in whose name the property is registered is considered the legal owner. If the house was funded jointly through a loan, it can be sold, and the proceeds divided according to each spouse’s portion. If one spouse wants to keep the home, he or she can purchase the other’s half and pay off the loan. If the husband, on the other hand, refuses to pay the EMI, the wife may be responsible for the entire debt repayment.
We often get confused Streedhan with Dowry. Dowry is the exchange of property and valuable security between the marriage partners. Streedhan, on the other hand, involves gifts and valuables given just to the bride and is not a need or condition for the marriage. Dowry is prohibited under the Dowry Prohibition Act of 1961. A woman’s right to her Streedhan is guaranteed by law. Section 14 of the Hindu Succession Act, 1956, referencing Section 27 of the Hindu Marriage Act, 1955, states, “Even if it is placed in the custody of her husband or her in-laws, they would be deemed to be trustees and had to surrender the same if and when claimed by her.” Streedhan belongs to the woman, “However, if the spouse contributed to its purchase, he could file a petition and claim title to the extent of his payment,” explains Rajesh Mahindru, an advocate of the Delhi High Court. Unless the divorce is contentious, the spouses should decide on asset division on their own. If the assets were purchased with both of their contributions, divide the proceeds based on individual equity.
To conclude, consult an experienced and good divorce lawyer who can showcase your rights and helps you claim all your rights.