Divorce is often seen in society as an undesired part of human life and the ultimate end of that relationship where there must be a lack of mutual understanding, trust, and reasons to continue the relationship, and after that, the spouse is confined to follow the constitutional law as per the Hindu Marriage ACT 1955 and in that act, certain rights have been introduced for the divorced wife, especially if she is eligible to get all of them from the side of husband while getting divorce and after separation.  However, there are certain criteria and the wife must not be guilty in any cases that can make her ineligible for getting the divorce therefore it is essential to have fair and transparent evidence for getting all the rights as it is often said that you have to struggle and effort for your rights as well and as the best divorce lawyer in Delhi, we can help you get your rights as per the norms.

Rights of a Woman in Divorce in India

Right to Alimony and Maintenance

 Once the spouse decides to file for divorce as per the reason and grounds of the divorce and all the reasons and acquisition are legal and genuine as per the laws then the final decision is taken by the court after considering various reasons for the divorce and financial condition of the husband and wife as well and as per the law various parameters can affect the amount of alimony and maintenance like.

• The income of the husband must be higher or at least higher than the spouse and he must be eligible to maintain himself financially. However, there are multiple reasons to allow him to pay for the maintenance.
• The spouse must have appropriate grounds and the wife must not be involved in some illegal action that can make her accused of the divorce and in that case, she can lose the right to self-action. All these factors can be known easily by getting personal counselling from a divorce lawyer.  

Right to Property

As per the property law, the woman has the right to get the property in some specific cases where she can get the property as per the law. However, the best divorce lawyer can explicitly explain these terms and conditions and some of them are like

• Joint contribution in buying property: If the wife and husband equally or partially contribute in buying the property, and they are getting separated then they have the right to get the share in property as per the share.
• If the property is registered in the name of the wife:  If the property is registered in the name of the wife as it is often done while buying the property then the legal right goes to the wife during property distribution and therefore it may be her legal right after the divorce or separation.

Child Custody

It’s the significant step after the divorce where child custody is allowed by the judge and the custody of a child can be given to the mother and father on various terms and conditions or in different ways. Before deciding the child custody, the court concentrates on the following conditions like

• Physical custody: To ensure the nourishment of the child it is considered by the court that the child can get the best health care and nourishment to accomplish this child custody is allowed for the wife especially up to the age of five years, However, it completely depends on the contemporary situation.
• Legal custody: After considering, financial, physical and intellectual conditions legal child custody is implemented by the court. You can get better insight into the case by consulting a divorce lawyer for lucid ideas.

However, it’s the right of the wife and she can also get the maintenance and education for the child and, it’s right for the wife as per the law.

Right to Streedhan

While considering all the properties and rights of the wife, the Right to streedhan helps her get the property which is apart from the cash, jewellery and all. It includes all the property.    

Conclusion

As per the constitutional law, the wife who is getting a divorce obeying all the legal rules, has the right to get the share of property if applicable, the right to get alimony, child custody and property and all these are decided as per the judicial decision and the court lucidly interpret this. To get brief information and justice with the law, one can get the legal information from Advocate Sachin Kashyap, the best lawyer in Delhi and get the desired justice with his profound experience.