Introduction
Divorce is not easy, especially for women. It can bring emotional pain, social pressure, and financial problems. Some women feel scared or helpless because they don’t know what rights they have during this time. That’s why it is very important for women to know their legal rights. It helps them stay strong, safe, and take the right steps for their future.
If you are facing a divorce and need professional legal support, our top divorce lawyers in Bangalore at Prime Legal are here to assist you
Right to Alimony and Maintenance
1. You Can Ask for Maintenance
A woman can ask the court for maintenance during and after divorce. This is money to help her take care of herself, especially if she doesn’t earn much or has no income.
2. How the Court Decides Alimony
Courts in India decide alimony based on both spouses’ income, standard of living, financial needs, age, health, marriage duration, conduct, and custody of children. It can be a one-time lump sum or monthly support. If unpaid, courts may attach salary, seize property, or issue arrest. Alimony can be changed later if there’s a major shift in income, remarriage, or hardship.
3. Can Working Women Ask for Alimony?
Yes. Even if a woman has a job, she can ask for alimony if her salary is not enough to live like she did before. The court checks if she is really financially independent or not.
Right to Live in the Matrimonial Home
A wife has the right to stay in the house where she lived with her husband, even if it’s not in her name. She cannot be thrown out just like that.
1. Protection Under Law
The Domestic Violence Act helps women stay safe and gives:
- Right to stay in the house
- Right to ask for a separate place to live if needed
- Protection if husband or in-laws are abusive
2. No Eviction Till Divorce Ends
The husband or his family cannot remove the wife from the home while the divorce is still going on.
Right to Child Custody
In India, child custody after divorce is decided by courts based on the child’s welfare, not parental rights. Key factors include the child’s age, emotional and educational needs, and each parent’s ability to provide care. The focus is always on ensuring a stable, secure, and nurturing environment for the child.
1. What Rights Mother Has
The mother can ask for custody of the children. Usually, courts give custody of small children to the mother unless there is a strong reason not to.
2. What is Legal and Physical Custody
- Legal custody means making decisions for the child (like school , health).
- Physical custody means who the child stays with.
3. Child’s Happiness Comes First
The court always considers what is best for the child, not just what the parents want.
Right to Streedhan and Property
What is Streedhan
Streedhan means all gifts, jewelry, and valuables a woman gets before, during, and after marriage. She has full right over it.
1. If Husband or In-Laws Keep It
If they take her Streedhan or refuse to give it back, she can file a police case under Section 316 of BNS
2. Can a Wife Take Husband’s Property?
No, a wife cannot claim husband’s property after divorce. But she can ask for maintenance or money to stay in a house.
Right to File for Divorce Under Applicable Laws
Divorce laws in India vary based on religion, and each personal law specifies different grounds for divorce. Whether under the Hindu Marriage Act, Muslim personal law, Christian Divorce Act, or the Special Marriage Act, the reasons for seeking divorce include cruelty, adultery, desertion, conversion, and more. Understanding the grounds for divorce under Hindu, Muslim, Christian, and Special Marriage Acts helps individuals navigate the legal process based on their faith or secular marriage registration.
1. Grounds for Divorce
A woman can file for divorce if the husband:
- Is cruel
- Leaves her
- Has affair with someone else
- Changes religion
- Has mental illness
- Or if marriage just can’t work anymore
2. Different Laws for Different Religions
- Hindus – Hindu Marriage Act
- Muslims – Muslim Personal Law
- Christians – Indian Divorce Act
- Special Marriage Act – for interfaith couples
Protection from Domestic Violence
1. You Can Get Protection
Under the DV Act, women can get legal protection from abuse, even before filing for divorce.
2. What You Can Ask For
- Protection from husband/in-laws
- Shelter or separate house
- Maintenance money
- Free legal help
3. You Don’t Have to Wait for Divorce
Even if you are still married, you can ask for help under this law if you are facing violence or harassment.
Right to Lawyer and Free Legal Help
1. You Can Go to Family Court
Family courts help solve cases like divorce, custody, maintenance, etc.
2. Free Legal Help
If you don’t have enough money, you can ask for free legal aid under the Legal Services Authority Act.
3. Why a Good Lawyer is Important
A good lawyer can explain the law, file your case properly, and protect your rights.
Rights After Divorce is Finalized
1. Alimony Doesn’t Stop
If the court gave alimony, the husband must keep paying it. If he stops, you can file a complaint.
2. Child Visitation
If you have custody, the father may get permission to meet or talk to the child.
3. Enforcing Court Orders
If the husband does not follow court orders, you can ask the court to take action.
Conclusion
Women must be empowered to speak up and assert their legal rights during and after divorce. Knowing the law helps them seek justice, dignity, and a secure future. Consulting an experienced divorce lawyer is the first step toward safeguarding your rights, especially in emotionally charged cases. If you’re looking for legal advice tailored to your case, connect with Prime Legal’s experienced divorce lawyers in Bangalore today.
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