The rights of a Hindu wife after divorce can vary depending on the circumstances of the divorce, the applicable personal law, and the decisions made by the court.
- Maintenance:
A Hindu wife is entitled to claim maintenance or alimony from her ex-husband. The amount and duration of the maintenance are determined by the court based on factors such as the financial status of the husband, the wife’s needs, and the standard of living she was accustomed to during the marriage. - Child Custody:
In cases where the couple has children, the wife may be granted custody or visitation rights. The court will consider the best interests of the child while making decisions regarding custody and visitation arrangements. - Property Rights:
The wife may have rights to claim a share in the marital property. The Hindu Succession Act, 1956 governs the distribution of property after divorce. The wife may be entitled to a share in the husband’s self-acquired property, ancestral property, or jointly owned property, depending on various factors such as the duration of the marriage, financial contributions made, and other relevant considerations. - Stridhan:
Stridhan refers to the gifts and assets given to a woman before, during, or after marriage. In the event of divorce, a Hindu wife retains the right to claim her stridhan, which may include jewelry, movable assets, or immovable property that was given to her. - Right to Challenge Divorce:
If the divorce was obtained by the husband without the wife’s consent or without reasonable grounds, the wife has the right to challenge the divorce decree. She can approach the court to set aside the divorce if it was obtained through fraud, coercion, or other invalid means. - Protection from Domestic Violence:
In cases where the wife has faced domestic violence during the marriage or after divorce, she can seek protection under the Protection of Women from Domestic Violence Act, 2005. This law provides various remedies, such as protection orders, residence orders, and monetary reliefs, to safeguard the rights and well-being of women facing domestic violence.
It’s important to note that the specific rights of a Hindu wife after divorce may vary based on the personal law applicable to the couple, and it is advisable to consult with a qualified lawyer or legal expert for accurate and up-to-date information based on the individual circumstances.