Tuesday, August 24, 2010

What are the divorce compensation laws for a housewife who has been married for 14 years in india? ?

Like in the US and Canada the spouse with lower or no income gets 50% in the absence of a pre nupital agreement, which are non-existant in India anyway.What are the divorce compensation laws for a housewife who has been married for 14 years in india? ?
Divorce compensation in India are basically in the form of Alimony or Permanent Maintenance on monthly or lump sum basis which the Spouse usually the wife can claim if she is unable to maintain herself as she doesn't have sufficient means to do so by way of monthly income or any property through which she can get enough amount for her livelihood. There also exists provision of the settlement of the property amongst the parties brought by them at the time of marriage. Each party to the marriage can take away his or her property during this settlement or get compensated by the other if that is kept by him/her for certain reasons. The concept of Stridhan also exist in case of Hindu females, this the exclusive property of the Hindu lady which she brings for her use or is presented to her at anytime for her use only, this includes both movable as well immovable property. The Hindu lady/wife has exclusive right over any of her Stridhan which no one can take or use hence that has to be returned to her without any condition by the husband if during this time was in his house or possession. In case of Muslim ladies/wives who got married according to Muslim Matrimonial laws/Shariat are supposed to get their amount of Mehar/Dower from their husband if that has not been claimed till the time of divorce, the Muslim man is supposed to give this amount to his wife which he promise to give at the time of marriage/Nikaha but if he failed to do so till now then before the divorce is finalised between them he is supposed to give her the Mehar/Dower amount to her. Apart from monetary compensation, there is also settlement of the custody of the children between the parents based on the well settled principle of 'the Welfare of the Children' based on various factors concerning the parents %26amp; the children %26amp; anyone parent on exclusive basis or both the parents are given the custody of the children on sharing basis, with visiting right to the other parent. There is no such concept of community property sharing on 50% basis which exist in country like USA/Canada, unless the property brought by them in both their names, in such case where there is no mention of the share of either of them both get equal portion at the time of settlement, but if the property stands in the name of one spouse only the other spouse doesn't get any part or share in that property as so happens in USA which is called sharing of the community property amongst the spouses. Hope this concept of divorce compensation in India is clear with you which only an Indian lawyer could tell you.What are the divorce compensation laws for a housewife who has been married for 14 years in india? ?
Usualy nothing. Only your gold bracelets stay with you.


( know many things about India. )
If shes lucky she won't have her head cut off.
try working - it will make for a healthier lifestyle

No comments:

Post a Comment