What are the property and alimony rights of Natasha after their divorce?
Hardik Pandya, who is an all-rounder in the Indian cricket team and a famous Indian Sportsperson, and actress Natasa Stankovic have decided to separate. Hardik Pandya and Natasa Stankovic, who got engaged in January 2020 and have a three-year-old son Agastya, have announced their separation on Instagram.
Following this announcement, months of speculation about their relationship status has come to an end.
Divorce in India can be a complex and emotionally difficult process, requiring a clear understanding of legal rights and entitlements. In these challenging times, women must be cautious about their claims and focus on matters such as alimony and property division. Knowing these rights can make the process easier and ensure that their rights are fully protected.
Property rights are important in divorce.
If the husband and wife have jointly paid for a property and they are both owners, the wife can demand her share from the husband’s share in addition to her 50% share. Raj Lakhotia, who is the founder of Dilsewil, explains that if the wife gets separated or deserted by the husband, she can also demand her share from the husband’s share, in addition to her 50% share. She retains the right to reside in the property until the divorce is fully settled.
When the property is solely in the name of the husband and is financed by him, it is considered his self-acquired property. But, during separation, the wife can claim maintenance as she is considered a Class I legal heir.
The wife must provide proof of her financial contribution if she has contributed to the property registered in the husband’s name. According to Lakhotia, the husband can claim the property until the wife proves her contribution.
When a wife buys property with her own money, it is completely hers. She has complete freedom to sell, keep or gift these properties. According to Lakhotia, property bought before or after marriage belongs to the woman and she can manage it as she wishes.
Maintenance Rights
At the time of legal separation, a woman can claim maintenance for herself and her children under Section 125 of the Indian Penal Code. This includes:-
Interim Maintenance : Maintenance is paid regularly by the husband from the date of application till the decision of the court.
Permanent Maintenance : Section 25 of the Hindu Adoption and Maintenance Act, 1956 provides for a lump sum or a monthly payment as determined by the court.
In India, several laws apply for determining alimony, including the Hindu Marriage Act and the Special Marriage Act. While deciding alimony, the courts evaluate various factors such as the standard of living of the couple, duration of the marriage and the needs of the children. A working woman can also receive alimony if there is a significant difference in income between the spouses. “The aim is to ensure that neither spouse faces financial problems post-separation,” explains Associate Piyush Tewari, at TAS Law.
Careful planning during a divorce is essential to protect assets. To separate personal property from marital property, it may be helpful to have separate bank accounts, keep detailed records of pre-marriage assets, and create trusts. Tiwari advises that keeping detailed records of premarital assets, using trusts, and having separate bank accounts can be helpful in separating personal assets from marital assets.
