Rights of Wife After Divorce in India
Rights of Wife After Divorce in India
Divorce laws and related rights differ based on religion because India follows personal laws for different communities. Here’s a breakdown by major religions:
1. Hindu Law (Hindus, Sikhs, Jains, Buddhists)
Governing Act: Hindu Marriage Act, 1955 & Hindu Adoption and Maintenance Act, 1956
Rights After Divorce:
Maintenance/Alimony:
Wife can claim permanent alimony and maintenance under Section 25 of the Hindu Marriage Act.
Maintenance depends on husband’s income and wife’s needs.
Residence Rights:
Under Section 19 of the Protection of Women from Domestic Violence Act, 2005, wife can claim the right to reside in the matrimonial home.
Custody of Children:
Wife can seek custody or visitation rights.
Property Rights:
No automatic right to husband’s property unless gifted or jointly owned.
Stridhan (woman’s property):
Wife retains exclusive rights over her stridhan (gifts received at marriage).
2. Muslim Law
Governing Law: Muslim Personal Law (Shariat) Application Act, 1937; Dissolution of Muslim Marriage Act, 1939
Rights After Divorce:
Iddat Period:
Wife is entitled to maintenance (Nafaqah) during Iddat (waiting period approx. 3 months).
Maintenance Beyond Iddat:
No automatic right to maintenance beyond Iddat unless wife is unable to maintain herself and the husband has not provided maintenance.
Mahr (Dower):
Wife is entitled to receive Mahr, if not paid earlier.
Custody of Children:
Mother generally gets custody of minor children for a limited period.
Property Rights:
No right to husband’s property except as inheritance or gift.
3. Christian Law
Governing Law: Indian Divorce Act, 1869 (amended)
Rights After Divorce:
Maintenance:
Wife can claim maintenance under Section 41 of the Indian Divorce Act during divorce proceedings.
Custody:
Custody decided by courts in the child’s best interest.
Property:
No automatic property rights after divorce.
4. Parsi Law
Governing Law: Parsi Marriage and Divorce Act, 1936
Rights After Divorce:
Maintenance:
Wife can claim maintenance for herself and children.
Custody:
Custody granted considering child’s welfare.
Property:
No automatic property rights unless provided for in will or gift.
5. General Rights Applicable to All
| Right | Description |
|---|---|
| Maintenance | Financial support to sustain herself post-divorce. |
| Custody of Children | Right to seek custody or visitation, decided by courts on child’s welfare. |
| Residence | Right to reside in matrimonial home under Domestic Violence Act (Hindu and others). |
| Mahr/Dower | Muslim wives entitled to dower if unpaid. |
| Property | No automatic inheritance rights but may claim jointly held or gifted property. |
Important Supreme Court Judgments
Sarla Mudgal v. Union of India (1995): Explained rights after divorce and maintenance.
Dissolution of Muslim Marriages Act, 1939: Protects Muslim women’s rights in divorce.
Shah Bano Case (1985): Landmark judgment on maintenance rights of Muslim divorced women.
Danial Latifi v. Union of India (2001): Upheld maintenance rights of Muslim divorced women beyond Iddat.
Summary Table: Rights of Wife After Divorce in India
| Aspect | Hindu Law | Muslim Law | Christian Law | Parsi Law |
|---|---|---|---|---|
| Maintenance | Permanent alimony possible | Maintenance during Iddat; beyond depends on circumstances | Maintenance during divorce proceedings | Maintenance for self and children |
| Custody | Can seek custody; child’s welfare paramount | Custody for mother for limited period | Custody decided by courts | Custody decided by courts |
| Property Rights | Stridhan only; no automatic rights | No automatic rights except inheritance/gift | No automatic rights | No automatic rights |
| Residence | Right to reside in matrimonial home | No specific right under law | No specific right | No specific right |
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