Laws for “Mainten. for Children and right to property” in case of divorce?
Under the Indian Christian Marriage Act, if a wife seeks for divorce on grounds of cruelty by husband, is she entitiled to :-
1. Maintenance for her children from the husband
2. Alimony, if she is working
3. Right to his property which has been acquired during the time they were married .
You don’t seek divorce or dissolution of Christian Marriage under the Indian Christian Marriage Act,1872 but under the Divorce Act,1869.
The section 36 of the Divorce Act,1869 provides for alimony/maintenance pendente lite & expenses of the proceedings for the wife pending the suit under the Act.
There is no provision of maintenance for children however while granting the maintenance/alimony to the wife this fact is kept in mind that she has to maintain children in her custody hence the amount fixed for her includes the amount for the children too.
The question of her working or not is irrelevant, what is important whether she is unable to maintain herself & her children in whatever source of income she has or not. In case her source of income is more then the husband or equal to him then the separate maintenance for her may be refused, however again if in such circumstance she has custody of minor children with her she will be granted nominal amount of maintenance for the children.
The charges for the proceedings are however allowed to her in all most all circumstances as that too is nominal amount to be paid in lump sum not on monthly basis till the case is finally decided which she can get in case of maintenance/alimony.
Section 37 of the Divorce Act,1869 provides for permanent alimony to the wife which is granted to her when decree of dissolution of the marriage or the decree of judicial separation is obtained by the wife. This too can be gross sum of money or such annual sum of money for terms not exceeding her own life time as having regard to her fortune, if any, to the ability of the husband and to the conduct of the parties. This may even be in the form of monthly or weekly basis as the court think reasonable.
As far right to the property of the husband is concerned that is not provided under the Act, however under the Protection of Women from Domestic Violence Act,2005 any wife can claim right to residence on the basis of which even a divorced wife can get right to residence to be borne by the husband, protect her right over the shared household property, protect her self owned property & return it to her if that is in the custody of the husband.
During the divorce proceedings under the Divorce Act, the right on the property as mentioned above can be sought under the said D.V.Act simultaneously.