Hardik Pandya and Natasha Stankovic, who got engaged in January 2020 and have a three-year-old son named Agastya, have announced their separation on Instagram. Indian all-rounder Hardik Pandya and actress Natasha Stankovic have decided to go their separate ways. The couple, who got engaged in January 2020 and are parents to a three-year-old son named Agastya, confirmed their split on Instagram.
“After four years together, Natasha and I have mutually decided to separate. We gave it our all, but we believe this is the best decision for both of us. Considering the happiness, mutual respect, and support we shared, this was a difficult decision,” Hardik wrote in his Instagram post.
This announcement ends months of speculation about their relationship status.
Divorce, especially in India, can be a complex and emotionally challenging process that requires a clear understanding of legal rights and responsibilities. During this difficult time, women should be aware of their rights concerning property division and alimony. Understanding these rights can facilitate the process and ensure that their rights are fully protected.
If both husband and wife have jointly paid for and own the property, the wife can claim her share from the husband’s portion in addition to her 50% share. Raj Lakhotia, founder of DilsVil, explains that if a wife has been separated or abandoned by her husband, she can claim her share from his portion in addition to her 50% share. She also retains the right to live in the property until the divorce is finalized.
When the property is solely in the husband’s name and financed by him, it is considered his self-earned property. However, in the event of separation, the wife can claim maintenance as she is considered a first-class legal heir.
If the wife has financially contributed to a property registered in the husband’s name, she must provide proof of her contribution to claim her share. According to Lakhotia, the husband can claim the property unless the wife proves her contribution, in which case she can claim her share.
Properties bought by the wife with her own money are entirely hers. She has full autonomy to sell, maintain, or gift these properties. Lakhotia says that any property a woman buys with her money before or after marriage is hers, and she can manage it as she wishes.
Maintenance Rights
During legal separation, a woman can claim maintenance for herself and her children under Section 125 of the Indian Penal Code. This includes:
Interim Maintenance: Paid by the husband from the date of application until the court’s decision.
Permanent Maintenance: Provided either as a lump sum or monthly payments determined by the court under Section 25 of the Hindu Adoptions and Maintenance Act 1956.
In India, alimony is guided by various laws, including the Hindu Marriage Act and the Special Marriage Act. Courts consider factors such as the couple’s standard of living, duration of marriage, and the needs of any children when determining alimony. Even a working woman can receive alimony if there is a significant income disparity between the spouses. Piyush Tiwari, an associate at TAS Law, states, “The goal is to ensure that neither spouse faces financial hardship after separation.”
Protecting property during a divorce involves careful planning. Maintaining separate bank accounts, keeping detailed records of premarital properties, and creating trusts can help separate personal assets from marital assets. Tiwari advises that detailed records of properties owned before marriage, using trusts for property management, and maintaining separate bank accounts can help distinguish personal assets from marital assets.