Divorce is often a traumatic process. Even though the mental anguish is already too much to bear, dealing with the judicial process can sometimes be challenging. Therefore, it is crucial to be aware of your basic protections regardless of whether you’re divorcing or considering it.
Divorce is not meant to be enjoyable, but it also shouldn’t be as challenging as possible. You could only defend your rights if you are aware of them. Additionally, being aware of what reality is like both before and after separation might help you get ready for whatever is coming. Take a look at the best lawyer in bangalore for divorce
Causes of Separation
The following reasons for getting divorced are applicable to both men and women:
- Cruelty
- Adultery
- Dereliction of duty
- Conversion
- mental illness
- a contagious disease
- giving up on the entire world
Any of the above grounds may be used to support a petition for divorce that is submitted to the court. The three most controversial issues after separation are child custody, division of assets, and support. We shall go into detail about the parties’ rights in this regard.
Right to Maintenance
After separation, one spouse must make a support payment to the other in order to make sure they are both taken good care of economically. Women’s entire financial dependence on men led to the development of the concept of maintenance since it forced women to remain in unhappy marriages. Things are going to change, and more and more women are becoming financially independent.
Accordingly, under the Hindu Marriage Act of 1955, support will now be claimed by both men and women. The Special Marriages Act of 1954 allowed only the wife to request maintenance, but even that is now gradually changing.
Requirements for maintenance claims
- The relationship is legitimate legally.
- The household’s primary breadwinner no longer supports the spouse.
- The spouse asking for support is either incompetent or incapable of providing for themselves.
A person cannot be entitled to support if they are in decent shape and capable of finding work that will allow them to support themselves. It is crucial to understand that anyone might be entitled to maintenance, not just a spouse. The following persons also possess it:
- Minor children
- If a grownup kid has a mental or physical illness that makes it challenging for them to care for themselves,
- the adult daughter who has not yet married
- Mother or father of a partner who is incapable of supporting themselves or when their own kids are incapable of supporting them.
- The dependents’ present level of lifestyle will be maintained by the support grant. Periodic payments will be made for maintenance.
Legal custody
Many people believe that mothers always retain guardianship of their children. That’s not the reality. The courts will think about what is in the welfare of the child even if they typically support the parents’ choice in a mutually consenting divorce. For instance, in a contentious separation, the judges will look at each parent’s capacity to raise the child.
