India is a land that considers marriage as a sustainable instrument for a happy and healthier life, thus having a very low divorce rate of 1.1% compared to other foreign nations.

Yet, divorce has risen its head in India in recent years, as individuals have developed the strength to break off when the marriage turns toxic, especially women.

Glad the country has developed its social intelligence over the years, but practical intelligence also matters, specifically for women to handle their life after marriage.

This is what this blog will cover. Get to know everything about the right of maintenance of a Hindu wife in divorce as per the best divorce lawyer in Chandigarh and others.

Start reading now.

Reasons Why Women Choose Divorce in India:

According to the best divorce lawyer in Chandigarh and elsewhere, here are some of the prominent reasons for women to take up divorce:

Abuse and Domestic Violence:

The first and foremost reason in the majority of divorce cases filed by women is abuse and domestic violence. A survey conducted in 2023 revealed that 56% of divorce cases filed by women state domestic violence as the primary reason.

Physical abuse, emotional abuse, economic abuse, sexual abuse, and connected domestic violence stand as the first level of divorce reason for women.

Adultery and Lack of Trust:

Following the above factor, the second level divorce reason acclaimed by women as per the leading law firm in Chandigarh is adultery, which involves extra marital affairs of the husband that leads to a break of trust instilling women to move forward with divorce.

Around 24% of women seem to file divorce due to adultery and lack of trust.

Dowry Harassment:

The most commonly witnessed divorce reason is dowry harassment, but in reality, only 17% of women tend to file for divorce under the term “dowry harassment”.

Dowry harassment includes continuous physical and mental pressure and escalating demands for dowry from husbands and in-laws.

Incompatibility:

Differences in personality, interests, and values can create significant marital discord. When partners are incompatible, the relationship may become strained and unworkable.

This serves as the 2% divorce reason in India.

On getting to know the major reasons for divorce claimed by women, we shall move on to know their right of maintenance after Divorce as per the Hindu laws.

Right of Maintenance of Hindu Wife After Divorce:

Escaping from tough and hurtful constraints in marriage via divorce is a good choice, but what to do after that?

Though many women today are financially independent, an equal number of women struggle hard after divorce. So, to help them out here are the rights of maintenance of a Hindu wife after Divorce.

Section 24: Maintenance Pendente Lite and Expenses of Proceedings

According to section 24 of the Hindu Marriage Act, 1955, a Hindu wife can claim interim maintenance during the pending matrimonial proceedings. 

If a woman does not have enough money on her own to cover her essential living expenses and support, she may request her husband for temporary financial assistance.

Adding on, a Hindu wife can also claim expenses for legal proceedings under this section.

Section 25: Permanent Alimony and Maintenance

Section 25 of the Hindu Marriage Act of 1955 deals with the permanent alimony and maintenance aspects of spouses in Hindu Marriage.

After the divorce, a Hindu wife can choose to apply for permanent alimony for which the court will consider certain factors such as the income and property of both parties, the conduct of the parties, and other relevant circumstances.

The permanent alimony amount can be discharged either as a lump sum amount or a monthly amount which again the court decides. 

Beyond this, the court also has the authority to cease the alimony amount at any point in time if the circumstances of the wife change such as remarriage or financial modification.

These are the two major sections that fall under the Hindu Marriage Act of 1955 that ensure the right of maintenance of a Hindu wife after divorce.

A divorced Hindu wife can apply for maintenance with the help of the best divorce lawyer in Punjab or relevant states.

Beyond these two sections, there are additional legal provisions such as Section 125 of the Criminal Code of Procedure 1973 and the Protection of Women from Domestic Violence Act, 2005.

Section 125 of the Criminal Code of Procedure, 1973:

This section provides a legal remedy for maintenance to wives, children, and parents irrespective of their religion. It ensures that a wife, who cannot maintain herself, receives financial support from her husband.

Protection of Women from Domestic Violence Act, 2005:

Under this act, a wife can seek maintenance as part of the protection orders if she is a victim of domestic violence.

Moving on, here are the factors that are considered by the court while determining maintenance.

Factors Considered in Determining the Maintenance of Hindu Divorced Wife:

Just applying for maintenance by a Hindu wife will not yield it, instead, the court considers various factors which are as follows:

• Earning Capacity: The earning capacity, assets, and financial status of both the husband and the wife.
• Standard of Living: The standard of living the wife was accustomed to during the marriage.
• Age and Health: The age, health, and needs of the wife.
• Conduct of Parties: The conduct of both spouses during the marriage, including any instances of cruelty or adultery.
• Children: The responsibility for the care and maintenance of children, if any.

Leading law firms in Chandigarh and elsewhere will have to guide the client in knowing these aspects before applying for maintenance.

Conclusion:

Having covered all the essential sections and legal acts of the right of maintenance of a Hindu wife, this blog would also suggest hiring a renowned divorce lawyer in Chandigarh to handle maintenance applications in the courts.

FAQs:

• What are the rights available to a Hindu wife to maintain?

Section 24 and section 25 of the Hindu Marriage Act, 1955 are the prominent rights available to Hindu wives to maintain.

• How much maintenance is given to a wife after divorce?

The Supreme Court of India in one of its judgments has said that 25% of the monthly income of the husband can be given as maintenance to the wife after divorce.

• Under what circumstances is a wife not entitled to get maintenance?

A wife is not entitled to get maintenance if the wife is charged with adultery if she files divorce for no valid reason or if she is financially stable.

• What is the divorce rate in India?

The divorce rate in India is less than 1% compared to other countries which is a positive element in marital life in India.