Maintenance Rights of a Divorced Woman |
Posted: November 5, 2018 |
Maintenance is granted to a divorced wife in order to provide support for her living expenses as well as for child if any. There are many provisions in Indian laws which give the divorced wife right to claim maintenance from her husband. If the wife is legally wedded to the man then she can claim all her rights easily. Under section 125 of Criminal Procedure Code, 1973 provision has been provided for neglected persons to seek maintenance. A woman is considered as legal wife of a man only in the case where their marriage is not null or invalid. She has all the rights in the property as well as equal shares in all other valuable things. Divorce Lawyers in Delhi can provide you with the details of the rights of a legally wedded wife. For a divorced woman there are various religious personal laws in India. After the divorce it becomes the duty of the husband to pay his wife an amount as maintenance may be as a lump sum or as a monthly payment. The amount of maintenance can be decided by the mutual agreement between the husband and the wife and in accordance with the order received from the court. She also the complete right on the ‘streedhan’ which is a kind of gift voluntarily given to her daughter by her parents at the time of marriage and is not included in dowry. Even if that is kept in the custody of the in-laws then also she has the absolute rights on them. Also, she has the right to live in the house where her husband lives Under section 18 of the Hindu Adoption and Maintenance Act, 1956 a Hindu wife is entitled to claim maintenance from her husband in case he is guilty. Also under section 25 of the same act, there is the provision of permanent alimony and maintenance to the legally wedded wife. Except this, if the couple has a child and they are filing for divorce, in this case, the husband has to provide financial support for the child if the mother is not able to fulfill the expenses on her own or is incapable of earning. You can consult the Best Divorce Lawyer in Delhi for this purpose that can help you in getting all the legal rights as a divorced wife.
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