Table of Contents
Hardik Pandya Divorce, In a heartfelt announcement, Indian cricketer Hardik Pandya and actress Natasa Stankovic confirmed their separation on Instagram, bringing an end to their four year relationship. The couple, who got engaged in January 2020 and share a three year old son named Agastya, expressed that they had given their best effort but believed parting ways was the best decision for both of them.
Divorce in India can be a complex and emotionally taxing process, particularly for women who need to be aware of their legal rights and entitlements. Understanding property and alimony rights can make the process smoother and ensure that women’s rights are fully protected during this challenging time.
Hardik Pandya Divorce
Hardik Pandya Divorce
Property Rights in Divorce
Jointly Owned Property: When both spouses have contributed financially to a property, the wife is entitled to claim her share from the husband’s portion in addition to her 50% share. Raj Lakhotia, Founder of Dilsewill, explains that in cases of separation or abandonment, the wife can claim her share from the husband’s portion while retaining the right to reside in the property until the divorce is finalized.
Husband’s Self-Acquired Property: If the property is solely in the husband’s name and funded by him, it is considered his self-acquired property. However, the wife can claim maintenance as a class I legal heir. If she has financially contributed to the property, she must provide proof to stake a claim. Hardik Pandya Divorce.
Wife’s Self-Acquired Property: Properties purchased by the wife with her own funds are entirely hers. She has full autonomy to sell, retain, or gift these properties. According to Lakhotia, any property a woman purchases with her own funds, whether before or after marriage, remains her own, and she can manage it as she wishes.
Maintenance Rights
Interim Maintenance: During legal separation, a woman can claim interim maintenance under Section 125 of the Indian Penal Code for herself and her children, covering the period from the filing for maintenance until the court’s decision. Hardik Pandya Divorce.
Permanent Maintenance: Under Section 25 of the Hindu Adoption and Maintenance Act 1956, a woman can receive permanent maintenance, either as a lump sum or monthly payments, as decided by the court. Factors such as the couple’s standard of living, the duration of the marriage, and the needs of any children are considered. Hardik Pandya Divorce.
Alimony: Guided by laws like the Hindu Marriage Act and the Special Marriage Act, courts consider various factors to determine alimony. Even a working woman might receive alimony if there’s a significant income disparity between the spouses. The goal is to ensure neither spouse faces financial difficulties post-separation, explains Piyush Tiwari, Associate at TAS Law. Hardik Pandya Divorce.
Hardik Pandya Divorce
Safeguarding Assets
Safeguarding assets in the event of a divorce involves meticulous planning. Maintaining separate bank accounts, keeping detailed records of pre-marriage assets, and creating trusts can help distinguish personal wealth from marital property. Tiwari advises that detailed records of assets owned before marriage, using trusts to manage assets, and maintaining separate bank accounts can help protect individual wealth.
Prenuptial Agreements: Though not common or always enforceable in India, prenuptial agreements can outline financial arrangements and protect individual assets. A prenuptial agreement, agreed upon before marriage, can be a powerful tool in managing finances in case of a split. Hardik Pandya Divorce.
Claiming Streedhan
Women can claim Streedhan, which includes all gifts received before, during, and after marriage, such as jewelry, 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. Lakhotia notes that women can also claim jewelry 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.
Navigating the legal landscape of divorce in India can be daunting. However, by understanding property and alimony rights, women can ensure their entitlements are protected, making the process smoother and more equitable. As Hardik Pandya and Natasa Stankovic move forward with their lives, their experience underscores the importance of legal awareness and preparedness in marital separations.
For more information visit UpdateNoww.