RIGHTS OF A WOMAN AFTER DIVORCE BY NILISHA PRIYA MENDONCA@LEXCLIQ

 RIGHTS OF A WOMAN AFTER DIVORCE

 

“Close some doors because it leads to cruelty , harassment  or arrogance  but simply keeping silence for your right is not the ultimatum for which u sustain” This  should be the thought  that a woman should watch out for her life after divorce.

Getting divorce is a strain ,for both the couples and when the talk leads to maintenance ,property settlement  that create a fuss between  the couple, where by   the spouse i.e. a  husband is not ready  to let go of his property or the wife is not in a  locale to face the upcoming situations. The result is that a wife seeking divorce or who is to be divorced needs a shelter or path to survive her livelihood, shall claim her rights i after the divorce.

Under the Hindu marriage act,1976 Honorable  supreme court  has cut down the cooling  off period for divorce  by six months  and decided that divorce can be granted to couples without the provision which was mandatory “18 months separation period need to be observed” .

Rights which can be claimed by a woman after divorce:

  • She can claim Alimony and Maintenance from her husband: under section 18 of the Hindu Adoption and Maintenance act, 1956 a Hindu wife is entitled to claim Maintenance from her husband in case if he is guilty of cruelty, desertion, polygamy or has venereal disease thereby can enforce her rights in divorce. Under section 25 of the act it provides permanent Alimony and Maintenance of wife and child.

·         In Shabana Bano v Imran Khan, the Supreme Court held that a Muslim divorced woman who has no means to maintain herself is entitled to get Maintenance from her former husband even after the period of iddah under S.125 of CrPc.

        Grounds for awarding Maintenance are as follows:

  • Husband is suffering from leprosy or venereal disease.
  • Husband has  converted to other religion/ceased to be a Hindu
  • If the husband has treated her with cruelty.
  • Husband neglected her willfully or he has deserted her.
  • Husband keeps a concubine in the house or resides with that concubine anywhere
  • Insanity can also be a ground of divorce ( mental state and unsound mind)
  • Presumption of death: If wife remains unheard of her husband at least for 7 years
  • Any other valid reason as prescribed by the law

 

  • Wife can make a claim in a property which is jointly owned by the couple at the time of divorce i.e. right to residence

I f the property is registered as joint, and then the wife would have a claim on it at the time of divorce. No regard is given to her contribution to the purchase of the property.  

  • Woman has the right to take the child along with her while leaving the marital house without court order:

Guardian and Wards Act, 1890 gives the right to take the child along with her while leaving the marital house without any court order.

 

  • She can claim custody of her children after divorce regardless that she is employed or unemployed.
  • Right of streedhan :

Supreme Court passed a landmark judgment declaring that all gifts made over to a woman at the time of her marriage remained her absolute private property till the end; no one else has a right without her sanction. Streedhan includes all movable and immovable property gifts etc.

 

Women’s rights must be uplifted and equality should be followed and each time a woman stands up for herself, without knowing it possibly, without claiming it, she stands up for all women.

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