What are the rights of a Hindu woman in a divorce in India?

Right To Divorce: Section 13 of HMA 1955 gives women the legal rights to file for a divorce without the consent of the husband. The divorce can be filed on the grounds of adultery, cruelty, desertion, thrown out of marital home, mental disorder etc. Section 13B of the Act allows divorce by mutual consent.

What does a wife get after divorce in India?

Alimony and maintenance: As per the law, every married woman is eligible to get maintenance from the husband after divorce. In general, the wife gets one-third of his salary; but it can change. The alimony is the full and final settlement; it is a lump sum amount.

What are the new rules of divorce in India?

The Apex Court brought significant respite for Hindu couples pursuing divorce stating that the 6-month waiting period as prescribed under Section- 13B(2) is not mandatory but discretionary, thereby, giving directions for lower courts to speed up divorce if both husband and wife agree to settle their differences …

Does wife Get husband property after divorce in India?

Unless the court has legally declared a couple as ‘divorced’, the wife is considered to be the husband’s legal spouse. As a result, till the time the divorce is officialised the wife has the right to her husband’s property and so do their children.

What documents are necessary for filing divorce in India?

Address proof of husband and wife

How long does divorce court take in India?

Courts in India act very meticulously in dealing with divorce cases as the ultimate objective of the Court in these proceedings would be to protect the interests of the whole family members. Usually, it may take up to 2 to 3 years or in some cases it may take more than that for granting the final decree.

What are the rules of divorce in India?

Introduction To New Rules For Divorce In India Waiving of 6 Month Mandatory Period. When couples approach the court for divorce under Section 13B (2) of the Hindu Marriage Act, 1955, the court grants six months for rehabilitation. Law of Maintenance. Section 25 of the Hindu Marriage Act, 1955 provides power to court for ordering the payment of maintenance. Irretrievable Breakdown of Marriage. When there arises a condition that spouses living together cannot live in a relationship, i.e., marriage, it is equivalent to separation.

What is the process for mutual divorce in India?

The process of mutual divorce in India can be initiated by filing a petition as described under Section 13 B of the Hindu Marriage Act which should contain all the contentions to satisfy the court regarding the aspect of mutual consent of the parties regarding the divorce.