Rights of Hindu Women After Divorce | Maintenance, Property & Custody
- Sahara Sultana
- Jul 8
- 2 min read
Updated: Oct 21
Divorce marks a major transition in a woman’s life emotionally, socially, and financially. In India, where family and marriage are deeply rooted in tradition, understanding one’s legal rights after divorce becomes crucial. Under the Hindu Marriage Act, 1955, and other Indian laws, several legal protections for Hindu women after divorce ensure dignity, financial stability, and justice. This guide explains the key rights of Hindu women after divorce in India, including maintenance, property, custody, and remarriage rights.
Maintenance and Alimony:
Under the Hindu Marriage Act, 1955, Sections 24 & 25, A Hindu woman can claim both interim maintenance (during proceedings) and permanent alimony (after divorce).
The amount depends on the husband’s financial capacity, her income, lifestyle, and overall circumstances.
The court ensures the woman maintains a standard of living similar to that during marriage.
Under the Criminal Procedure Code (CrPC), Section 125
This provision allows any divorced woman, regardless of religion, to claim maintenance if she cannot support herself.
Maintenance usually continues until she remarries or becomes financially independent.
Rights to Property and Stridhan:
Stridhan – A Woman’s Absolute Property
Stridhan includes all gifts, jewellery, money, or property received before, during, or after marriage from relatives or the husband.
It remains the woman’s sole property, and she can reclaim it during or after divorce.
The husband or his family cannot legally retain or use Stridhan.
Rights in Joint Property:
If the property is jointly owned, the divorced woman has an equal right based on her contribution.
Marital Assets:
Indian law currently does not provide an automatic share in the husband’s pre-marital property.
However, assets acquired during marriage can be divided fairly if proven to have been jointly contributed.
Child Custody and Support
Custody Rights:
The Hindu Minority and Guardianship Act, 1956, and the Guardians and Wards Act, 1890, prioritise the child’s welfare above all else.
Generally, mothers are granted custody of children below the age of five.
Financial Support:
The father remains legally bound to provide for the child’s education, healthcare, and upbringing, even after divorce.
Visitation Rights:
The non-custodial parent retains visitation or contact rights, ensuring continued emotional support for the child.
Frequently Asked Questions (FAQs) on Rights of Hindu Women After Divorce in India:
Q1. What are the legal rights of Hindu women after divorce in India? A Hindu woman has rights to maintenance, Stridhan, child custody, residence, and free legal aid under Indian laws.
Q2. Can a Hindu woman claim her husband’s property after divorce? She cannot claim ownership of pre-marital property, but can seek a share in joint or marital assets and recover her Stridhan.
Q3. How is maintenance calculated for a Hindu woman after divorce? Courts consider the husband’s income, standard of living, and the woman’s financial condition before deciding the amount.