Legal Rights of Divorced Women in India

Even while a divorce is pending, a woman can still assert her right to maintenance if she is living apart from her spouse. When a woman is not able to maintain herself, she can claim financial support from her husband. And if the women are not given sufficient amount as alimony, they can approach the court.

Since the time of the Vedic civilization, "marriage" has been revered in Indian culture as a sacred union, but with time, even the idea of marriage has changed. There are now several Acts that deal with marriage, and the government has also put forward the Marriage Act in relation to this. According to matrimonial laws, marriage is a union of two people, but in some situations, when the male or female spouse is not happy with the other and they have a lot of problems and difficulties, they end their matrimonial bond, which is referred to by the term "divorce".

Indian families have seen significant changes as a result of modernisation and urbanisation; many of them are now nuclear households. Divorce cases have been on the rise as a result of these changes. Marriage and divorce are tied to religious traditions in our nation. Divorce is a painful process and it takes a toll on both the spouses. But the women have to deal with this pressure more. In India, women are assumed to be dependent on their husbands, at the time of their marriage. Many a times, a woman has to sacrifice her career to look after her family. And if the matrimonial bond does not end on good terms, after divorce women lack access to employment or a viable means of achieving independence. In Indian society, women who are divorced are still looked down upon, even when in most cases the fault lies with their spouse. But the government has given some rights to women, following divorce, which can help them to ease some of these restrictions.

Right to Alimony and Maintenance

It is the moral obligation of the husband to take care of his family, and even though they have decided to go separate ways, the responsibility still lies on the men, and he is obliged to provide for allowances in the form of maintenance to his wife. The dependents must be given the essential necessities for easy survival, such as food, shelter, clothing, and other basic necessities, in the form of maintenance. Even while a divorce is pending, a woman can still assert her right to maintenance if she is living apart from her spouse. When a woman is not able to maintain herself, she can claim financial support from her husband. And if the women are not given sufficient amount as alimony, they can approach the court. This financial support can be provided in scheduled payments (maintenance) or the amount can be a lump sum amount (alimony). The rule is different if the marriage is done under the Special Marriage Act 1954. In this case, it is the women who can ask for alimony or maintenance.

Child Custody

The one who suffers the most after divorce is the child, if there are any. The custody of a Hindu child is decided according to the Guardianship and Ward Act, 1890. This Act governs child custody in India in all laws. According to this Act, a youngster beneath the age that has been designated for the child must continue to reside in the mother's care for reasons of emotion and morality. The judiciary has a responsibility to make decisions and guarantee the best outcome for the child. Even though a kid's custody may occasionally switch hands between parents, under the terms of the 1956 Hindu Minority and Guardianship Act, a child under the age of five must remain in his mother's care. He may continue to live with his mother until he reaches the age of majority. The Guardianship and Ward Act, 1890 and the Hindu Adoption and Maintenance Act, both of which are significant in such custody matters, are also a wife's rights. Under Muslim law, after a divorce, the mother has sole custody of the child, but not if the woman is not of sound mind, or is otherwise exempt as specified in the Act.

Streedhan

Streedhan is the property that the bride receives from parents or relatives at the time of the marriage. It is not dowry, as it is a voluntary gift given to the wife before or after marriage. The court makes it quite clear that women will have complete control over the Streedhan, even if it is given to her husband or in-laws. Section 27 of the Hindu Marriage Act of 1955 and Section 14 of the Hindu Succession Act both guarantee Streedhan's claim to this. The woman has the legal right to transfer, sell, alienate, use, or give this property to anybody she chooses.

These are all the rights that a woman in India has following a divorce, and she should be able to exercise them. Marriage is a divine bond as per Hindu religion. But if a person is not happy, they have the right to file a petition for divorce. Women have the right to exercise these rights since numerous studies have shown that women's rights are also sculpted and moulded by various social, economic, and political currents in addition to being restricted by a single set of patriarchal norms.

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