Hardik Pandya and Natasa Stankovic’s divorce: What property and maintenance rights do women have in India?

Indian all-rounder Hardik Pandya and actress Natasa Stankovic have decided to part ways. The couple, who got engaged in January 2020 and have a three-year-old son named Agastya, confirmed their split on Instagram.

“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 announcement ends months of speculation about the status of their relationship.

Divorce, especially in India, can be a complex and emotionally stressful process that requires a clear understanding of legal rights and entitlements. Women going through this difficult time need to be aware of their entitlements and focus on aspects such as maintenance and property division. Understanding these entitlements can make the process smoother and ensure that their rights are fully protected.

Property rights in divorce

If a husband and wife have jointly paid for and own a property, the wife can claim her share from the husband's share in addition to her 50 percent share. Raj Lakhotia, founder of Dilsewill, explains that if the wife is separated from her husband or is abandoned, she can claim her share from the husband's share in addition to her 50 percent share. She also retains the right to live in the property until the divorce is finalized.

If the property is solely in the husband's name and is financed by him, it is considered to be his self-acquired property. However, in case of separation, the wife can claim maintenance as she is considered to be a Class I legal heir.

If the wife has contributed financially to a property registered in the husband's name, she will have to provide proof of her contributions to claim a share. According to Lakhotia, the husband cannot claim the property unless the wife can prove her contribution to its purchase, in which case she can make a claim.

Properties that the woman buys with her own funds belong to her completely. She has full autonomy to sell, keep or give away these properties. Lakhotia points out that any property that a woman buys with her own funds before or after marriage belongs to her and she can do with it as she pleases.

Maintenance rights

During a legal separation, a woman can claim maintenance for herself and her children under Section 125 of the Indian Penal Code. These include:

Intermediate maintenance: Paid by the husband from the date of application for maintenance until the court's decision.

Permanent maintenance: Provided under Section 25 of the Hindu Adoption and Maintenance Act 1956 either as a lump sum or as a monthly payment as determined by the Court.

Maintenance in India is governed by several laws, including the Hindu Marriage Act and the Special Marriage Act. Courts consider various factors, such as the couple's standard of living, the length of the marriage and the needs of any children, to determine maintenance. Even a working woman can get maintenance if there is a significant income difference between the spouses. “The aim is to ensure that neither spouse faces financial difficulties after the separation,” says Piyush Tiwari, Associate at TAS Law.

Protecting assets in the event of a divorce requires careful planning. Maintaining separate bank accounts, keeping detailed records of pre-marriage assets, and setting up trust funds can help distinguish personal assets from marital property. Tiwari points out that maintaining detailed records of pre-marriage assets, using trust funds to manage assets, and maintaining separate bank accounts can help distinguish personal assets from marital property.

In addition, although prenuptial agreements are not common or always enforceable in India, they can set out financial arrangements and protect individuals' assets. Tiwari explains that while a prenuptial agreement, a contract that sets out how finances will be handled in the event of a separation, is not common in India, it is an effective tool if both partners agree to it before marriage.

Women can claim streedhan, which includes all gifts received before, during and after marriage. This includes jewellery, shares, bonds and other valuables. The Hindu Succession Act and the Hindu Marriage Act provide legal avenues for women to reclaim their streedhan from their in-laws if required. Lakhotia points out that women can also claim jewellery and streedhan in the possession of their in-laws. If that fails, they can seek compensation under Section 14 of the Hindu Succession Act 1956 and Section 27 of the Hindu Marriage Act 1955.