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Adv Samman Singh
Adv Samman Singh. | 5 months ago | 279 Views

What Are Indian Women's Property And Alimony Rights In The Hardik Pandya-Natasa Stankovic Divorce?

Actor Natasa Stankovic and Indian all-rounder Hardik Pandya have decided to go their own ways. The couple, who had a three-year-old kid named Agastya and were engaged in January 2020, revealed their breakup on Instagram. 

It can be a difficult and emotionally taxing process to get a divorce, so it's important to fully comprehend your legal rights and obligations. Women going through this trying time need to know what rights they have, especially with regard to property division and alimony. Comprehending these entitlements helps facilitate the process and guarantee that their rights are sufficiently safeguarded.

Hardik Pandya Natasa Stankovic Divorce

  • The four-year romance between Indian cricket player Hardik Pandya as well as actress Natasa Stankovic came to an end with a heartfelt Instagram announcement of their divorce. 
  • The pair, who became engaged in January 2020 and have a son named Agastya who is three years old, said they had tried their hardest but felt it was best to split up.

Property Rights in Divorce

  • Jointly Owned Property: In addition to her 50% parts, the wife is entitled to her share from the husband's piece of a property which both couples have made financial contributions to it. In situations including separation or desertion, the woman is entitled to her half of the husband's estate and may continue to live there until the divorce is formalized.
  • Property in the Husband's Name: Self-acquired property is defined as that which is solely owned by the spouse and funded by him. However, because she is a class I legal heir, the wife is entitled to maintenance throughout a separation. To be eligible for an interest in real estate held in her husband's name, the woman needs to provide proof of her contributions financially. The husband is entitled to seize the property unless the woman can demonstrate her financial contribution.
  • Property in the Name of Wife: All properties that the woman has paid for with her own money belong to her. She is fully able to sell, keep, or give these properties as gifts. According to Lakhotia, a woman will own and be free to manage whatever property she has purchased with her own money, whether she did so before or after marriage.

Natasa Stankovic Maintenance Rights

  • Interim Maintenance: A woman may request interim maintenance for herself and her children during a legal separation under Section 125 of the Indian Penal Code. This request will be honoured for the time between the woman's application for maintenance and the court's ruling.
  • Permanent Maintenance: A woman may get permanent maintenance under Section 25 of the Hindu Adoption and Maintenance Act 1956 in the form of a lump sum or regular payments, as determined by the court. A number of factors are taken into account, including the couple's style of living, the length of their marriage, and the needs of any children.
  • Alimony: Courts take into account a number of considerations while determining alimony, guided by statutes such as the Hindu Marriage Act and the Special Marriage Act. If there is a large wage difference between the spouses, even a working woman may be entitled to alimony. Making sure neither partner experiences financial hardships after the divorce is the aim. After taking into account a number of variables, including the couple's status, financial situation, length of marriage, number of children involved, and many more, the court will decide how much alimony to award. Remarkably, in cases where there is a significant wage gap between her and her spouse, even a working woman may be entitled to alimony.

Preparation is necessary to safeguard assets after a divorce. Trusts, careful documentation of premarital assets, and separate bank accounts can all be used to protect personal money apart from marital property.

Sharks of Law is a one-stop legal resource that houses a wealth of knowledge on divorce laws and divorce lawyers with the best credentials in the field. You can find a lawyer who satisfies your legal needs with this law firm. If you require legal advice in any area related to divorce, the lawyers at Sharks of Law have the experience to provide it. 

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