Know About Divorce Rights In India For Womenby jagadeesh kumar Analyst
Many celebrity divorces are coming to the fore ever now and then and like the west India is coming to terms with the big word divorce. Obviously, divorces are never cake walks and there is a lot of suffering, stress, anxiety, fear and pain that the whole process brings along. In Indian marriages are considered to be and Institution and even today in spite of the fact that divorces are getting common. The laws that govern marriages vary as per the religion and country. In India, and as per the Hindu marriage act the spouse can claim for alimony or maintenance against divorce.
Now, alimony as well as maintenance is nothing but financial compensation to the spouse unable to support self to ensure that he/she lives a secure life financially. In India it’s mostly the females who claim for maintenance and alimony in Hindus, though it differs from religion to religion. The Hindu marriage act states that both husband and wife are eligible for it.
But, in India it’s mostly the women who get the alimony benefits. These days, many women work as well and aren’t aware if they are also entitled for any alimony. Here’s a sneak peek into how much alimony are women entitled against a divorce, working and non-working both.
As per the law the women is entitled to get a monthly alimony of 25% of husband’s gross income if it’s on a monthly basis. The amount may increase decrease as per the salary. In case of lump-sum settlement the range is between 1/3rdto 1/5th of net worth of the husband and is to be done all at once.
If the couple have a child than the maintenance of the child needs to be paid for separately. The child needs to be paid in a way that he/ she can live at the same standards of the father. Similarly, even the wife is entitled to be able to live at the same standards as per her matrimonial home. If the wife is also working though, she also has to share the child support.
On the other hand, only if the husband is disabled, he is entitled for alimony, else not.
The court also mentioned during the hearing of one alimony case, that even if the woman is educated and earning, she is still liable to get alimony if there is a substantial difference between her and her husband’s net worth, so that she can live her life at peace and same standards she used to enjoy in the matrimonial home.
However, if the woman remarries, the husband is not required to pay any alimony to the wife but he has to continue to pay for the child’s maintenance. Furthermore, if the alimony is interim or monthly basis and the husband fails to provide the same. The appellant can move to the court for a petition to attach the husband’s salary. The maintenance they would be deducted from husbands salary automatically every month. Also, any kind of jewelry, gifts, property or valuables including gadgets, appliances and even cash that is given to the women before, at and during the course of marriage are included as a part of streedhan. This also includes all her earnings, investments and savings.
Having said that, divorce is a very difficult and emotionally draining procedure but being aware of the rights make help making life a lot more-easier in terms of financials.
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Created on Jul 8th 2019 06:53. Viewed 51 times.