The glamorous world of Indian cricket recently witnessed a significant event as all-rounder Hardik Pandya and actor Natasa Stankovic announced their separation. The couple, engaged in January 2020, share a three-year-old son named Agastya. They took to Instagram to confirm their split. “After four years together, Natasa and I have mutually decided to part ways. We gave it our all, but we believe this is best for both of us. This was a tough decision, given the joy, mutual respect, and companionship we shared,” Hardik wrote in his heartfelt post.
Divorce is never easy and comes with emotional and legal challenges. For Indian women, understanding their legal rights regarding property, alimony, and maintenance is crucial. This blog aims to demystify these aspects to help women make informed decisions during such tough times.
Understanding Property Rights in a Divorce
Jointly Owned Properties
When a property is jointly owned and both have contributed to its acquisition, the wife is entitled to her share from the husband’s portion in addition to her 50% stake. Raj Lakhotia, Founder of Dilsewill, notes that if a wife is separated or abandoned by her husband, she can claim her share from his portion and retain the right to live in the property until the divorce is finalized.
Self-Acquired Property
Properties solely in the husband’s name and funded by him are considered his self-acquired assets. However, in the event of separation, wives can still claim maintenance, as they are class I legal heirs under Indian law, giving them a right to the husband’s property for support.
Financial Contributions by the Wife
If a wife has financially contributed to a property registered in the husband’s name, she must provide proof of her contributions to claim a stake. According to Lakhotia, the husband can claim the property unless the wife can substantiate her financial input. Understanding these nuances can empower women to navigate the complexities of divorce with more confidence and clarity.
Maintenance Rights for Women
Interim Maintenance
During legal separation, a woman can claim interim maintenance under Section 125 of the Indian Penal Code for herself and her children. This maintenance is paid by the husband from the date of filing for maintenance until the court’s final decision.
Permanent Maintenance
Permanent maintenance is provided under Section 25 of the Hindu Adoption and Maintenance Act 1956, either as a lump sum or a monthly payment fixed by the court. Courts consider factors like the couple’s standard of living, the duration of the marriage, and the needs of any children to determine alimony.
Alimony for Working Women
Even if a woman is employed, she might receive alimony if there’s a significant income disparity between the spouses. Piyush Tiwari, an Associate at TAS Law, explains, “The goal is to ensure neither spouse faces financial difficulties after the separation.”
Safeguarding Personal Assets
Separate Bank Accounts and Asset Records
To safeguard personal assets, maintain separate bank accounts and detailed records of pre-marriage assets. This helps distinguish personal wealth from marital property, making asset division clearer during a divorce.
Prenuptial Agreements
Though rare and not always enforceable in India, prenuptial agreements can outline financial arrangements and protect individual assets. Tiwari mentions that prenuptial agreements if agreed upon before marriage, can be powerful tools.
Claiming Streedhan
Women can claim Streedhan, including gifts received before, during, and after marriage. This includes jewelry, shares, bonds, and other valuables. The Hindu Succession Act and the Hindu Marriage Act provide legal avenues for women to reclaim their Streedhan from in-laws if necessary.
Social Media Speculations and Public Reactions
Social Media Observations
The announcement of Hardik Pandya and Natasa Stankovic’s separation ends months of speculation about their relationship. Observant social media users noted that Natasa had removed all her wedding pictures and deleted ‘Pandya’ from her last name on Instagram before later restoring them. Additionally, Natasa was not seen supporting Hardik during the IPL 2024 season, fueling rumors.
Official Confirmation
On Thursday, Hardik Pandya confirmed the rumors by announcing their divorce on Instagram. This has left fans speculating about the reasons for their split and its implications.
Conclusion
The separation of Hardik Pandya and Natasa Stankovic underscores the complexities of divorce, particularly for women navigating India’s legal landscape. It’s crucial for women to understand their property rights, maintenance entitlements, and how to safeguard personal assets during such challenging times.
Divorce can be both emotionally and financially draining, but being informed and prepared can ease the process. If you find yourself in a similar situation, consulting with legal experts is essential to ensure your rights are fully protected.
Frequently Asked Questions (FAQs)
Streedhan refers to any gifts a woman receives before, during, and after her marriage, which can include jewelry, shares, bonds, and other valuables. Under the Hindu Succession Act and the Hindu Marriage Act, women have the legal right to reclaim their Streedhan from in-laws if necessary. Consulting a legal expert can provide guidance on the process and help ensure your rights are protected.
Women have the right to claim maintenance, alimony, and a share of the marital property, depending on the circumstances of the divorce. Laws such as the Hindu Succession Act, Hindu Marriage Act, and Divorce Act provide various provisions to safeguard these rights. Seeking legal advice is crucial to navigating these complex legal frameworks effectively.
While social media activities themselves may not directly impact divorce proceedings, they can provide evidence that influences the case—such as indications of estrangement or infidelity. It is advisable to be cautious about social media activity during a divorce to avoid any unintended consequences.
Women can protect their financial interests by keeping detailed records of all personal assets, debts, and financial transactions. Consulting with a financial advisor and a legal expert can also help in understanding the full extent of their financial rights and in creating a strategy for asset protection and fair distribution.
Emotional support is essential during the challenging period of a divorce. Many organizations offer counseling services, support groups, and helplines specifically aimed at providing emotional and psychological support. Reaching out to these resources can be immensely beneficial for mental well-being.
If considering divorce, it is crucial to gather all necessary information and documentation related to personal and marital assets, debts, and financial accounts. Consulting a legal expert early in the process can provide clarity on your rights and obligations and inform you about the appropriate legal steps to take.
