Right of Wife in Divorce in India
Introduction
Divorce is a life-altering event, and understanding right of wife during this process is crucial. In India, where cultural norms and legal provisions intersect, women face unique challenges. Let’s explore the rights of wife after divorce in India that protect women during divorce proceedings.
Right of Wife After Divorce in India
a. Right to Maintenance
Alimony and Maintenance: Women have the right to claim financial support during and after divorce. Section 125 of the Code of Criminal Procedure provides a legal framework for maintenance.
Financial Independence: Transition words like “furthermore” and “additionally” can be used to emphasise points.
b. Right to Property
- Division of Marital Property: Discuss how marital property is divided between spouses.
- Streedhan Protection: Explain the concept of “Streedhan,” which includes gifts given to a woman during marriage. Reference the Hindu Succession Act.
c. Custody of Children
- Mother’s Right to Custody: Highlight the mother’s right to custody of minor children.
- Best Interests of the Child: Explain the legal standard that prioritises the child’s well-being.
- Guardians and Wards Act: Mention the relevant legal provisions.
d. Right to File for Divorce
Initiating Divorce Proceedings: Women have the right to initiate divorce based on grounds such as cruelty, desertion, or adultery.
Recent Legal Judegements:
Here are some recent judgments and developments related to the rights of women in divorce proceedings in India:
- Jaiveer Singh vs. Sunita Chaudhary (2021):
In this case, the Delhi High Court upheld the order directing the husband to pay maintenance to the wife at the rate of ₹17,000 per month. The court considered factors such as the wife’s inability to sustain herself and the husband’s income.
Key Point: Section 20(2) of the Domestic Violence Act emphasises that monetary relief granted to the aggrieved woman and children must be adequate, fair, reasonable, and consistent with their accustomed standard of living1.
2. Recognition of Housewives’ Contribution:
The Madras High Court, in a landmark verdict, recognised the contribution of housewives to their husband’s income. It allowed a housewife equal share in her husband’s property, acknowledging her role in the household.
3. New Divorce Rule 2023:
Under the new law, couples no longer need to provide evidence of their partner’s fault (such as adultery or unreasonable behaviour) to apply for divorce. A simple statement that the marriage has irretrievably broken down is now sufficient3.
4. Supreme Court of India
The Supreme Court granted divorce under Article 142 of the Constitution, citing the irretrievable breakdown of marriage. In this case, the parties separated without the birth of any child.
Remember that legal developments are ongoing, and it’s essential to stay informed about any further changes or judgments that impact women’s rights during divorce proceedings. Seek legal advice if you’re facing such a situation.
Conclusion & Right Legal Partner for Divorce
Summarise the key rights of women during divorce.
Encourage women to seek legal advice and exercise their rights.
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