Hardik Pandya-Natasa Stankovic divorce: Know women's legal rights to husband's property, alimony in India?

Indian cricket team all-rounder Hardik Pandya and his wife Natasa Stankovic shocked the film fraternity, the cricket world, and the fans on Thursday night as they announced their separation via their social media account. 

"After four years together, Natasa and I have mutually decided to part ways. We gave it our all, but we believe this is best for both of us. This was a tough decision, given the joy, mutual respect, and companionship we shared," Hardik wrote in his Instagram post.

Months of speculation regarding their romantic status have come to an end with this declaration.

Divorce can be a difficult and emotionally draining process, especially in India, therefore it's important to know your legal rights and benefits. Women going through this difficult period need to know what rights they have, especially when it comes to things like property split and alimony. Comprehending these entitlements helps facilitate the process and guarantee the complete protection of their rights.

Property Rights in Divorce

Wife can claim her share from husband's portion in addition to her 50% share if both husband and wife have jointly paid for and own a property. Wife also have the right to stay in the property until the divorce is finalised. If the property is solely bought by husband, wife can claim maintenance as she is considered a class I legal heir.

In order to claim an interest in a property registered in her husband's name, the woman must show documentation of her financial contributions. All properties that the woman has paid for with her own money belong to her. She is free to give these properties away, sell them, or keep them.

Maintenance Rights

A woman may seek support for herself and her children during a formal separation under Section 125 of the Indian Penal Code. This comprises:

Interim Maintenance: paid by the spouse from the time support was requested until the court's ruling.

Permanent Maintenance: 

In accordance with Section 25 of the Hindu Adoption and Maintenance Act 1956, the court may determine a lump sum or a monthly payment.

A number of laws, such as the Hindu Marriage Act and the Special Marriage Act, govern alimony in India. When determining alimony, courts take into account a number of variables, including the couple's standard of living, the length of their marriage, and the requirements of any children. In the event that there is a significant salary gap between the spouses, alimony may be awarded to working women as well.

Planning is essential to protecting assets in the case of a divorce. It is possible to separate personal wealth from marital property by setting up trusts, keeping meticulous records of pre-marriage holdings, and maintaining separate bank accounts.