A wife’s post-divorce rights depend on:
- Religion / personal law, and
- Nature of divorce (mutual / contested)
However, some rights are universal under criminal and civil laws.
1. RIGHT TO MAINTENANCE (MOST IMPORTANT)
A. Section 125 CrPC / BNSS 144
(Applies to ALL religions)
Right:
A divorced wife who is unable to maintain herself can claim monthly maintenance.
Conditions:
- Wife should not have remarried
- She should not be living in adultery
- She should not have refused to live with husband without sufficient cause
Quantum:
No fixed amount – depends on:
- Husband’s income
- Wife’s needs & lifestyle
Key Point:
Even after divorce, husband’s duty to maintain continues.
Case Law:
Danial Latifi v. Union of India – Muslim women also covered
B. Hindu Law – Section 25, Hindu Marriage Act, 1955
Right:
Permanent alimony at the time of decree or after divorce.
Form:
- Monthly
- Lump sum (one-time settlement)
Factors considered:
- Income of both parties
- Conduct of parties
- Duration of marriage
Can be modified later if circumstances change.
2. RIGHT TO PERMANENT ALIMONY / ONE-TIME SETTLEMENT
Section 25, Hindu Marriage Act
- Can be claimed even if wife is earning, if income is insufficient
- Can be granted even to guilty spouse (court’s discretion)
Alimony ≠ punishment
It is social justice.
3. RIGHT TO STRIDHAN (ABSOLUTE PROPERTY OF WIFE)
Section 14, Hindu Succession Act, 1956
Stridhan includes:
- Jewellery
- Gifts from parents/in-laws
- Cash, property given at marriage
Husband has NO right over Stridhan, even during marriage.
Criminal Remedy for Stridhan
Section 406 IPC / 316 BNS (Criminal Breach of Trust)
- If husband/in-laws refuse to return Stridhan
Section 498A IPC / 85 BNS
- If cruelty is involved
Case Law:
Pratibha Rani v. Suraj Kumar – Stridhan always belongs to wife
4. RIGHT TO RESIDENCE / ALTERNATE ACCOMMODATION
Protection of Women from Domestic Violence Act, 2005
Section 17 – Right to Residence
Section 19 – Residence Order
- Wife can claim:
- Right to live in shared household, OR
- Rent / alternate accommodation
This right can survive even after divorce, if domestic violence existed.
5. RIGHT TO CHILD CUSTODY & CHILD MAINTENANCE
A. Custody
Hindu Law:
- Guardians and Wards Act, 1890
- Welfare of child is paramount
Generally:
- Child below 5 years → mother preferred
B. Child Maintenance
Section 125 CrPC
Section 20, DV Act
Hindu Minority & Guardianship Act
Child’s right is independent of divorce.
6. RIGHT UNDER DOMESTIC VIOLENCE ACT EVEN AFTER DIVORCE
DV Act, 2005
Wife can claim:
- Protection order (Section 18)
- Residence order (Section 19)
- Monetary relief (Section 20)
- Compensation (Section 22)
Divorce does NOT wipe out past domestic violence.
7. RIGHT TO SHARE IN JOINT PROPERTY? (IMPORTANT MYTH)
❌ India does NOT recognize automatic 50% property sharing after divorce
BUT wife can claim:
- Maintenance considering husband’s property
- Residence rights
- Stridhan recovery
Property right exists only if:
- Property is jointly owned, OR
- Purchased in wife’s name, OR
- She contributed financially
8. RIGHTS OF MUSLIM WIFE AFTER DIVORCE
Muslim Women (Protection of Rights on Divorce) Act, 1986
Wife entitled to:
- Reasonable and fair provision
- Maintenance during iddat
- Mehr (Dower)
- Return of properties / gifts
Supreme Court expanded maintenance rights beyond iddat.
9. RIGHTS OF CHRISTIAN / Parsi WIFE
Indian Divorce Act, 1869 (Christians)
Parsi Marriage & Divorce Act, 1936
- Maintenance
- Alimony
- Child custody
- Property rights (as applicable)
10. WHEN RIGHTS END?
❌ Maintenance ends if:
- Wife remarries
- Wife lives in adultery
- Wife is self-sufficient (court discretion)
✔️ Stridhan & child rights never end
11. ONE-LINE SUMMARY
After divorce, a wife in India is entitled to maintenance, permanent alimony, return of Stridhan, residence or rental support, child custody and maintenance, and protection under the Domestic Violence Act, depending on personal law and facts of the case.
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