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Maintenance Rights Of Divorced Women

Divorce Lawyer in Delhi Posted On
Posted By karunasharma

If you go by the explanation provided in the Hindu Marriage Act, you will come across a term known as ‘divorce maintenance.’ It means the financial support that a man has to provide to his wife even after divorce. Not only the wife, the children, and the old parents are also entitled to avail of this divorce maintenance right. However, there are some provisions to avail this divorce maintenance. In this article, we will discuss the scope of the maintenance rights for divorced women and how they can claim them. 

So, before you hire the best divorce lawyer in Delhi, go through this guide on maintenance rights. 

Maintenance rights for divorced women 

The maintenance rights for divorced women differ from religion to religion. In this right, the court decides how much money a husband can offer his wife for her expenses. To decide the amount, the court reviews the husband’s income and then takes a decision accordingly. No wife can claim an unreasonable amount and think of receiving it. This entirely depends on the court’s decision. 

To get the maintenance rights, a divorced woman should first provide herself as her legal wife. To do this, she will have to prove the authenticity of the marriage and make sure that the marriage is legal in the eyes of Indian law. A legal wife enjoys the rights to the husband’s residence, property, assets, etc. In addition, according to the maintenance rights, it is the man’s or the husband’s duty to financially support his wife either monthly or hand over a considerable amount. 

What legal rights does a wife have? 

Given below are a list of things and assets on which a wife has valid rights: 

  • Streedhan 

The word ‘Streedhan’ can be divided into ‘Stree’ and ‘dhan,’ meaning wife and property, respectively. Do not confuse it with a dowry. The assets that a woman gets during the marriage are known as Streedhan. Hence, there is no element of coercion in Streedhan. According to Indian law, women have sole rights on their Streedhan when placed in the custody of the in-laws or the husband. 

  • Right to maintenance 

If you look at Section 18 of the Hindu Adoption and Maintenance Act, you will notice that it declares a Hindu wife to ask for financial support from her husband. This claim can be valid if the husband has imposed cruel action, is guilty of polygamy, desertion, or is a sufferer of venereal disease. 

Section 25 of this Act discusses the provision for permanent alimony and maintenance of the wife and child. Accordingly, any court with the jurisdiction of this Act is supposed to receive an application from the grieved spouse and pass an order. The purpose of this order is to direct the husband to pay his wife the amount that the court has decided for her maintenance and regular expenses. 

  • Self-respect and dignity 

Once a woman is married and becomes someone’s wife, she has the right to live her life and get the same respect and dignity that the men in the family enjoy. She is supposed to have a similar lifestyle to her husband and in-laws. Besides, no physical or mental torture should be imposed on her. 

  • Child maintenance 

Since the child is the responsibility of both the husband and the wife, both have to support the child financially as well as physically. If the wife does not have any source of earning, the husband is supposed to take care of the growth of the child financially. Therefore, he should willingly support the child in every way possible. 

However, the maintenance rights are different under different religions. For example, what works for a Hindu marriage, does not work for a Muslim or Christian marriage. So, when you are looking for a stable divorce lawyer, do not forget to mention your religion. This way, he will know the legal procedures he needs to follow to help you get your maintenance rights. 

Conclusion 

Now that you are well aware of the maintenance rights, you can quickly determine if your partner and in-laws are depriving you. There is no reason that you should shed tears for such issues. Instead, use the legal processes in India to fight for yourself.  

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