Divorce is the legal dissolution of marriage. It is extremely stressful for both the husband and wife. In addition to the emotional strain and stress, Divorce arises various legal matters one significant issue is that of the settlement of the property.
THE PROPERTY RIGHTS OF THE WIFE AFTER DIVORCE IN INDIA
- Property rights of the wife in terms of immovable property.
- Property rights of the wife when the property is in the name of the husband.
- Property rights of the wife when the property is jointly owned.
- Property rights of the wife when the couple is separated but not yet divorced.
- Property rights of the wife in terms of movable property.
- Rights of the wife to the husband’s property while married.
HOW WIFE CAN BE ENTILTLED TO A SUM IN A DIVORCE?
Alimony means amount ordered by the court to one spouse. It is generally paid by the husband to the wife for sustenance while or after going through a divorce.
As per Alimony laws in India, alimony can be provided to any spouse but in most cases it is awarded to the wife by her husband. In India, there are two types of alimony in India:-
- Interim Maintenance – Amount granted during the court proceedings and the final amount given at the time of legal separation.
- Permanent Alimony- Amount provided under section 25 of the Hindu Marriage Act, to the wife or husband for his or her support and sustenance. In case the wife is a working woman and still, there is a considerable difference between her earnings and that of her husband, she will still be granted Support to maintain the same living standard as her husband provided her and if wife is not earning, the amount of money will be decided to take into consideration her age, educational qualifications and her ability to work or earn in the future. Also, if the wife is earning and the husband is disabled or not fit to work, the alimony amount will be granted to the husband by the court.
HOW MUCH ALIMONY IS TO BE PAID TO THE WIFE?
There is no set formula alimony amount can be provided as a monthly or periodic payment or lump-sum amount.
- If the alimony is being paid in the form of monthly or periodical payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband.
- If the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband’s total worth.
- Other factors that are taken into consideration by the court while calculating the alimony amount include:-
- Social and Living standards of the wife and the Husband.
- Income and assets of both the wife and the husband.
- Dependents and liabilities of the husband.
- Health condition of both the husband and wife.
- Education and upbringing expense of the child.
- Duration of the Martial relationship.
- Conduct and behavior of both the husband and wife
Hence, there are no set alimony amounts as the situation is different for every couple.
WHAT BELONGS TO A WIFE AFTER DIVORCE IS GRANTED?
- Any type of jewellery including gold, silver, alloy, and precious stone.
- Fixed assets such as property.
- Other assets such as cars, furniture, paintings, appliances, and artifacts.
- Any gifts presented to her from anyone such as from husband, in-laws, relatives, friends and acquaintances.
- Wife’s own earnings before or after marriage
WHAT CAN THE WIFE NOT CLAIM AFTER DIVORCE IS GRANTED?
- Any jewellery, valuables or gifts gifted to the husband by the wife’s parents before, after or during the marriage.
- Any asset bought by the husband in the wife’s name.
- If the wife has spent any of her earnings on the household than those cannot be claimed.
As state above are the alimony laws on divorce in India and must be known and followed by the married couple if they want to get divorce. Therefore, At GS Bagga & Associates we prepare beforehand and caution our clients of all the laws and regulations relating to divorce and alimony especially in cases where the wife is entitled to her right to maintenance.
HOW DIVORCE LAWYER AT THE LAW OFFICE OF G.S BAGGA AND ASSOCIATES HELP YOU?
- We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
- We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
- We help is maintaining the local assets, collect records, liabilities o that the divorce settlement is addressed.
- We ensure that our clients receive the share of property that the marriage has brought in.
- We help in protecting our clients from any debt that is owed to the other spouse.
- We provide great assistance while preparing the papers for divorce with all the essentials and information required.
- We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
- We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.
- We ensure our best in winning the case for our clients.
- We ensure that our clients are taken care of every need and provide the justice that they want.
We are always happy and ready to assist you in your hard time.
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Please do not hesitate to contact us at 9213782334 or email us at [email protected] or leave a query at our website: www.gsbagga.com or our assistance.
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