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- May 17, 2023
- 3 min read

How Much A Wife Could Claim In Divorce In India?

In a divorce, a wife's claim refers to the rights and entitlements that a wife may have to financial support, property, and other assets. This can include alimony, child support, a share of marital property, and other forms of financial support.

Under Indian law, a wife may be entitled to alimony, which is a form of financial support paid by the husband to the wife after the divorce. In addition to alimony, a wife may also be entitled to a share of the marital property, which includes any assets acquired during the marriage.

This may involve property, as well as money in banks, stocks, and other investments. The specific amount of the wife's claim will depend on the specific circumstances of the case and will be determined by the court based on the evidence presented.

Factors Responsible for Wife’s Claims in a Divorce Case

The amount a wife can claim in a divorce settlement in India depends on various factors, including-

Length of the Marriage- Generally, the longer the duration of the marriage, the higher the amount of financial support and property the wife can claim.
Standard of Living during the Marriage- The lifestyle and standard of living enjoyed by the couple during the marriage may impact the wife's claims for alimony, child support, and property.
Income and Assets of both Spouses- The income, earning capacity, and assets of both spouses may be taken into account when determining the amount of alimony and property division.
Age and Health of the Parties- The age and health of the parties may also be considered when determining the amount of alimony and financial support.
Custody of Children- If the wife is awarded custody of the children; she may be entitled to higher financial support and property.
Contribution to the Marriage- If the wife contributed significantly to the marriage, such as by sacrificing her career or income to support the family, she may be entitled to a larger share of the marital property.

The specific factors that may impact a wife's claims in a divorce case will depend on the specific circumstances of the case, and it is important to consult with a qualified lawyer who can advise on the applicable law and evidence in the case.

Role of Lawyers

Lawyers play an essential role in representing and advocating for the wife's claims in a divorce case in India. There are some ways in which lawyers can assist their clients in obtaining a fair settlement-

Providing Legal Advice- Lawyers can provide legal advice to the wife regarding the grounds for divorce, the legal process involved, and the potential outcomes of the case.
Assessing the Wife's Rights and Entitlements- Lawyers can assess the wife's rights and entitlements to financial support, property, and other assets under Indian law based on the specific circumstances of the case.
Preparing and Filing Legal Documents- Lawyers can prepare and file the necessary legal documents, such as the petition for divorce, maintenance application, and property settlement agreements, in a timely and accurate manner.
Representing the Wife in Court- Lawyers can represent the wife in court during the divorce proceedings, presenting arguments and evidence on her behalf, cross-examining witnesses, and advocating for her rights and interests.
Ensuring Compliance with Legal Requirements- Lawyers can ensure that all legal requirements are met, such as serving notice to the other party, complying with court procedures and deadlines, and enforcing court orders if necessary.

You will need the help of lawyers to get your claim in a divorce case. If you need the help of lawyers to get your claims in a divorce case in Jodhpur, then divorce lawyers in Jodhpur can be hired, and if you need the help of lawyers to get your claims in a divorce case in Raipur, then divorce lawyers in Raipur can be hired. Similarly, divorce lawyers in Srinagar can be employed if you need the help of lawyers to get your claims in a divorce case in Srinagar.

At Lead India, one can consult and talk to a lawyer for advice. They can get free legal advice online as well as ask a legal question online for free to lawyers through Lead India.