Rights of a Woman in Divorce in India.

Many women who want to get a divorce are often not aware of the legal rights of a married woman in India after divorce and hence they do not focus on these rights too much as well. 

In this article, we will be looking at this topic only so that the women of the family of women who is reading this could get some beneficial information from this and can get to know about these rights. 

Maintenance rights 

The most common and most heard rights a woman gets are maintenance rights which the women get when they file a divorce or get a divorce. This maintenance means that the husband needs to pay the wife some amount of money after their divorce. 

The aim of this maintenance right is to ensure financial independence and stability for the women who get divorced and if this maintenance amount is not given by the husband to his wife then section 125 provides a remedy for them. 

Interim maintenance 

Interim maintenance is the amount which the husband needs to pay to his legally wedded wife for a time period and the time period which is from the time when the petition is filed till the date for dismissal or decree and the aim of this is to ensure to fulfill the basic needs of a wife during the case. 

Maintenance under the Indian law 

The code of criminal procedure when the wife and husband are living separately even before the divorce is cleared then the wife cannot claim the amount of maintenance and allowance from the husband as they are already living separately. 

Now there might be some questions in the mind of the people that whether the wife can claim allowance or maintenance before getting a divorce. Then let us clear this problem. Once the divorce is filed there are two conditions that you must focus on – 

• Working women means women who have a job cannot ask for maintenance or allowance before the divorce or before the couple is legally separated. 
• The next condition is that the wife has the right to the residence till the time divorce is granted but she will not have the right to property for a lifetime. 

Grounds for divorce and maintenance allowance – 

There are several grounds on which divorce and rights of a Hindu woman in divorce in India is provided and some of them are given below – 

1. The husband has treated the wife cruelly. 
2. The husband has deserted her wife and has no other living wife. 
3. The insane state of the husband can also be a ground to get divorced. 
4. The husband has a concubine which is living with him or they both are living together somewhere else. 
5. If the wife has no information about her husband for seven-year or more then it is considered as the presumption of death. 
6. Any other justifiable point can be valid for separation in the eyes of law. 

Everyone isssue is defferent from others if you want a proffestional help you can also discuss with reputed divorce lawyers. They will explain all the solution depending on your personal issue which you are facing