Do you know the legal rights of women in India regarding their husband's property and maintenance?

Hardik Pandya announces separation from wife Natasa Stankovic and says he will raise son Agastya together

Indian cricket team all-rounder Hardik Pandya and his wife Natasa Stankovic shocked the film industry, the cricket world and fans on Thursday night when they announced their separation through their social media account.

“After four years together, Natasa and I have mutually decided to part ways. We have given it our all but we believe this is what is best for both of us. This was a difficult decision considering the joy, mutual respect and camaraderie we shared,” Hardik wrote in his Instagram post.

This statement puts an end to months of speculation about their romantic status.

Divorce can be a difficult and emotionally draining process, especially in India, so it is important to know your legal rights and entitlements. Women going through this difficult time need to know what rights they have, especially when it comes to things like property division and alimony. Understanding these entitlements will make the process easier and ensure that their rights are fully protected.

Property rights in divorce

The wife can claim her share of her husband's share in addition to her 50% share if husband and wife jointly paid for and own a property. The wife also has the right to stay in the property until the divorce is finalized. If the property was purchased solely by the husband, the wife can claim maintenance as she is considered a Class I legal heir.

To claim a property registered in her husband's name, the wife must provide proof of her financial contributions. Any property the wife has paid for with her own money belongs to her. She is free to gift, sell or keep these properties.

Maintenance rights

A woman can claim maintenance for herself and her children during a formal separation under Section 125 of the Indian Penal Code, which includes:

Provisional maintenance: Paid by the spouse from the time the maintenance application is made until the court decision.

Permanent maintenance:

Under Section 25 of the Hindu Adoption and Maintenance Act 1956, the court may fix a lump sum or a monthly payment.

In India, there are many laws governing maintenance, such as the Hindu Marriage Act and the Special Marriage Act. In determining maintenance, courts take into account many variables, including the standard of living of the couple, the duration of the marriage and the needs of any children. If there is a significant difference in salary between the spouses, maintenance may also be awarded to working women.

Good planning is essential to protect assets in the event of a divorce. By setting up trust funds, carefully recording premarital property, and maintaining separate bank accounts, it is possible to separate personal assets from marital assets.