In case of divorce, women in India have various legal rights which are aimed at protecting their interests and ensuring fair treatment. Some of the important legal rights of women in case of divorce in India are:
- Right to seek divorce: Women have the right to seek divorce on various grounds, including cruelty, desertion, adultery, impotency, and more.
- Right to claim maintenance: Women have the right to claim maintenance from their husbands in case of divorce. This includes both alimony and child support. The amount of maintenance is decided by the court based on the financial status of the husband and the needs of the wife and children.
- Right to claim a share in the property: Women have the right to claim a share in the property acquired by the husband during the marriage. This includes both movable and immovable property.
- Right to custody of children: Women have the right to custody of their children after divorce. However, the court considers the welfare of the children as the paramount consideration while deciding on custody.
- Protection from domestic violence: A woman has the right to protection from domestic violence, even after divorce. The Protection of Women from Domestic Violence Act, 2005 provides for various remedies such as protection orders, residence orders, monetary reliefs, etc.
- Right to challenge divorce: Women have the right to challenge the divorce granted by the court. They can do so on various grounds such as fraud, coercion, and mental or physical cruelty.
- Right to appeal: If a woman is not satisfied with the decision of the lower court in her divorce case, she has the right to appeal to a higher court.
- Right to claim compensation: Women have the right to claim compensation for mental and physical cruelty suffered during the marriage. The compensation is awarded by the court based on the severity of the cruelty.
It is important to note that these legal rights are not exhaustive and may vary depending on the facts and circumstances of each case. Women who are going through a divorce are advised to consult a qualified lawyer to understand their legal rights and options.
