Amidst talks of divorce between cricketer Hardik Pandya and his wife Natasha, it is being claimed that Natasha has demanded 70 percent of Hardik's property.
Amidst this discussion, it is important to know what rights does a wife have in her husband's property after divorce and how much share can a wife get in her husband's property after divorce?
Division of property between spouses after divorce
Most people believe that the wife has full rights over the husband's property, but this is not completely true. If any property is in the name of a person, then his wife, children and mother also have full rights over it.
- If a person has made his wife the nominee of his property in his will, then after his death the wife can get that property. If a person dies without a will, then except his wife, his mother and children have equal rights on his property.
- In case of divorce, if the husband has bought any property himself, then that property belongs to the husband. On the other hand, if any property is bought and transferred in the name of the wife, then the wife has legal rights over the property.
- Husband and wife buy the property together but if the husband finances it then in case of divorce the husband gets a bigger share of the property.
- If the husband has gifted any property to the wife then legally the wife is the owner of that property.
What are the rights of a wife on her husband's ancestral property?
- A widow has no right over the ancestral property of her husband.
- No widow can throw a woman out of her in-laws' house. After the death of the husband, her in-laws have to support the woman financially. This alimony is decided keeping in mind the financial condition of the in-laws.
- If the widow has children, they will get the entire property of their father. If a widow marries another woman, she is not entitled to maintenance in this situation.
The woman is entitled to maintenance
If a woman divorces her husband, she can demand maintenance from her husband. This is also decided on the basis of the financial condition of both the husband and wife.
There are two types of maintenance under the Hindu Marriage Act 1955.
1. Interim Maintenance : As long as the divorce proceedings are pending in the court, the complainant gets maintenance allowance under section 24 until the court gives its decision.
2. Permanent Maintenance : The allowance received after divorce under Section 25 is called one-time settlement or permanent maintenance. The court decides how much alimony the woman will get, keeping in mind the husband's income, assets and liabilities. Stridhan is not included in this.
Does a working wife get maintenance?
According to Article 125, a working or non-working wife is entitled to maintenance from her husband. After divorce, the court orders alimony or maintenance keeping in mind all these grounds.
- What is the total income of husband and wife without tax?
- How many children does the couple have and who has custody of them?
- How educated are both of them?