Indian legal framework establishes multiple rights to safeguard women throughout and following divorce proceedings. The rights ensure women obtain financial stability alongside housing and legal assistance. Women can learn through this blog about the essential legal safeguards which they can properly access.
Important Legal Rights for Women in Divorce
1. Right to Maintenance
The law gives women the right to obtain financial help from their husbands after divorce or separation. The support which women receive through this process is known as maintenance.
The court determines the maintenance amount through an evaluation of both parties' financial resources and their monetary requirements.
Maintenance can be provided during the case (temporary) or after divorce (permanent).
2. Right to Residence
The marital home remains accessible for women to live in it regardless of property ownership. Property ownership does not eliminate her ability to live in the shared marital home. This right is given under the Protection of Women from Domestic Violence Act, 2005.
3. Right to Custody of Children
The courts base their custody decisions on what serves the best interests of the child. The courts typically award custody to mothers in their initial years of parenting. The mother may file a request to obtain monetary assistance which would cover food, educational expenses and medical treatment for the child.
4. Right to Streedhan
During a woman's marriage, all gifts together with money and jewellery and other valuable items she receives belong to her as Streedhan. The woman maintains full ownership rights over these items. She has legal protection to retrieve her items when her husband or his family members take them without permission.
5. Right to File for Divorce
The law permits women to initiate divorce proceedings based on several reasons including cruelty and desertion as well as adultery and mutual consent. A divorce expert lawyer Kolkata provides professional assistance to guide clients through the legal process with precise understanding.
Legal Steps for Divorce
Women seeking divorce in family court need to provide acceptable grounds including cruelty or desertion together with adultery or mutual consent. The process requires submitting essential paperwork and attending multiple court sessions. The courts will initially try to restore harmony among the spouses before they proceed with the divorce case.
Finding the Right Divorce Lawyer
The selection of a lawyer with family law expertise remains essential. A good lawyer should explain the process clearly, protect legal rights, and be transparent about fees. Women should check the lawyer’s background and approach before finalizing representation.
Conclusion
Women going through divorce in India have several legal rights that protect their well-being and future. From maintenance to child custody and property, these rights help ensure fairness. Women should learn about their rights and get legal advice when needed. A divorce separation lawyer or a divorce expert lawyer in Kolkata can help women understand and use these legal protections properly.
Comments
0 comment