Hardik Pandya Divorce: Key Insights into Property and Alimony Rights for Women in India!
Indian all-rounder Hardik Pandya and actor Natasa Stankovic have recently confirmed their separation, marking the end of months of speculation about their relationship. The couple, engaged in January 2020 and parents to a three-year-old son, Agastya, announced their split via Instagram. Pandya’s post revealed their mutual decision to part ways after four years together, reflecting on their shared joy, respect, and companionship.
As the Hardik Pandya divorce case garners attention, it underscores the complexity of divorce proceedings in India, especially regarding property and alimony rights for women. This article provides a comprehensive overview of these rights, aiming to clarify key aspects and guide those navigating similar situations.
Property Rights in the Hardik Pandya Divorce
Understanding property rights during a divorce is crucial, and the Hardik Pandya divorce serves as a timely reminder of this. Here’s what women should know:
Jointly Owned Property
In the Hardik Pandya divorce, if both spouses jointly contributed to and own a property, the wife is entitled to a 50% share. If the property is solely in the husband’s name but both parties have contributed financially, the wife can claim a portion of the property. Raj Lakhotia, Founder of Dilsewill, notes that in cases of separation or abandonment, the wife can claim her share from the husband’s portion in addition to her 50% share. She also retains the right to live in the property until the divorce is finalized.
Solely Owned Property
When the property is entirely in the husband’s name and funded solely by him, it is considered his self-acquired property. In such situations, the wife cannot claim ownership of the property but is entitled to claim maintenance as a class I legal heir. However, if the wife has financially contributed to the property, she must provide proof of her contributions to stake a claim. Lakhotia emphasizes that the husband can claim the property unless the wife can prove her financial input.
Property Purchased by the Wife
Properties bought by the wife with her own funds are considered her separate assets. She has full control over these properties, including the right to sell, retain, or gift them. According to Lakhotia, any property a woman acquires with her funds before or during marriage remains her sole property.
Maintenance Rights in the Hardik Pandya Divorce
Maintenance rights during divorce proceedings are critical and are governed by various laws in India. Here’s how they apply in the Hardik Pandya divorce scenario:
Interim and Permanent Maintenance
Under Section 125 of the Indian Penal Code, a woman can claim maintenance for herself and her children during the legal separation. This includes:
- Interim Maintenance: Paid from the date of filing for maintenance until the court makes a decision.
- Permanent Maintenance: Granted under Section 25 of the Hindu Adoption and Maintenance Act, 1956, which may be a lump sum or a monthly payment fixed by the court.
Alimony in India is regulated by the Hindu Marriage Act and the Special Marriage Act. Factors such as the couple’s standard of living, the duration of the marriage, and the needs of any children are considered when determining alimony. Even working women may receive alimony if there is a significant income disparity. Piyush Tiwari, Associate at TAS Law, explains that the aim is to ensure neither spouse faces financial difficulties post-separation.
Safeguarding Assets
In the Hardik Pandya divorce, safeguarding personal assets involves careful planning. Maintaining separate bank accounts, keeping detailed records of pre-marriage assets, and creating trusts can help distinguish personal wealth from marital property. Tiwari advises documenting assets owned before marriage, using trusts, and keeping separate bank accounts to protect personal wealth.
Prenuptial Agreements
Although prenuptial agreements are not common or always enforceable in India, they can outline financial arrangements and protect individual assets. Tiwari notes that a prenuptial agreement, a contract detailing financial handling in case of a split, is valuable if both partners agree to it before marriage.
Streedhan Rights in the Hardik Pandya Divorce
Streedhan, which includes gifts received by a woman before, during, or after marriage, such as jewelry, shares, and other valuables, is a critical aspect of divorce rights. Under the Hindu Succession Act and the Hindu Marriage Act, women have the right to reclaim their Streedhan from in-laws if necessary. Lakhotia highlights that women can claim jewelry and Streedhan in the possession of their in-laws, and if they face challenges, they can seek relief under Section 14 of the Hindu Succession Act, 1956, and Section 27 of the Hindu Marriage Act, 1955.
Conclusion
The Hardik Pandya divorce highlights the importance of understanding divorce rights and entitlements. Women navigating this process should be informed about their property and maintenance rights to ensure a fair settlement. By staying informed and seeking legal advice, individuals can better manage the complexities of divorce and protect their financial and personal interests.
Read More About-: Sports
Read New Article – : Go Back Home