Hardik Pandya Natasa Stankovic divorce: What Natasa may get in alimony and property rights | Read Here
PTC Web Desk: Indian cricketer Hardik Pandya and actor Natasa Stankovic have officially announced their separation. The couple, who got engaged in January 2020 and share a three-year-old son named Agastya, confirmed the news on Instagram. "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 Pandya wrote in his post. This announcement puts an end to months of speculation about their relationship status.
Rights and Entitlements for Women in India
Divorce in India can be a complex and emotionally taxing process, necessitating a clear understanding of legal rights and entitlements. Women navigating this challenging time must be aware of their claims, focusing on aspects such as alimony, property division, and maintenance. Understanding these entitlements can make the process smoother and ensure that their rights are fully protected.
Property Rights in Divorce
When it comes to property rights, if both the husband and wife have jointly paid for and own a property, the wife can claim her share from the husband’s portion in addition to her 50% share. Experts say if the wife is separated or abandoned by the husband, she can claim her share from the husband’s portion, besides the 50% share in her name. She also retains the right to reside in the property until the divorce is finalised.
For properties solely in the husband’s name and funded by him, it is deemed his self-acquired property. However, in the event of separation, the wife can claim maintenance as she is considered a class I legal heir. If the wife has financially contributed to a property registered in the husband’s name, she must provide proof of her contributions to claim a stake. The husband can claim the property unless the wife can prove her contribution to the purchase, in which case she can stake a claim.
Properties purchased by the wife with her own funds are entirely hers. She has full autonomy to sell, retain, or gift these properties. Any property a woman has purchased with her own funds before or after marriage will be hers, and she can manage it as she wishes.
Maintenance Rights
During a legal separation, a woman can claim maintenance under Section 125 of the Indian Penal Code for herself and her children. This includes interim maintenance, which is paid by the husband from the date of filing for maintenance until the court's decision, and permanent maintenance, provided under Section 25 of the Hindu Adoption and Maintenance Act 1956, either as a lump sum or monthly payment fixed by the court.
Alimony in India is guided by several laws, including the Hindu Marriage Act and the Special Marriage Act. Courts consider various factors, such as the couple’s standard of living, the duration of the marriage, and the needs of any children, to determine alimony. Even a working woman might receive alimony if there's a substantial income disparity between the spouses. “The goal is to ensure neither spouse faces financial difficulties after the separation,” says Piyush Tiwari, Associate at TAS Law.
Safeguarding Assets in Divorce
Prenuptial agreements, though not common or always enforceable in India, can outline financial arrangements and protect individual assets. Tiwari explains that a prenuptial agreement, a contract outlining how finances will be handled in a split, though not common in India, is a powerful tool if both partners agree to it before marriage.
Claiming Streedhan
Women can claim Streedhan, which includes all gifts received before, during, and after marriage. This encompasses jewellery, shares, bonds, and other valuables. The Hindu Succession Act and the Hindu Marriage Act provide legal avenues for women to reclaim their Streedhan from in-laws if necessary. Women can also claim jewellery and Streedhan in the possession of their in-laws, and if unsuccessful, they can seek relief under Section 14 of the Hindu Succession Act 1956 and Section 27 of the Hindu Marriage Act 1955.
- With inputs from agencies
