What are the legal rights of women in a divorce case in Delhi, India?

What are the legal rights of women in a divorce case in Delhi, India?

Published At June 4, 2025

Answer

In a divorce case in Delhi, women are provided with several legal rights to protect their interests during and after the divorce proceedings. These rights include:

Right to Maintenance:

Women have the legal right to seek maintenance (alimony) from their spouse, either during the divorce process (interim maintenance) or as a final settlement. The court considers various factors, such as the woman’s financial needs, her standard of living and her husband’s income when determining the amount. 

A divorce advocate in Delhi can help women ensure they receive fair maintenance based on these criteria.

Right to Child Custody:

In divorce cases, the welfare of the child is considered most important. Women have the right to seek custody of their children, especially if they can prove that living with the mother is in the child’s best interests. 

Delhi courts often award custody to the mother, particularly for younger children, unless the father can demonstrate otherwise. Consulting a knowledgeable divorce advocate in Delhi can help in navigating child custody battles.

Right to Residence:

Women have the right to live in the marital home, even if it is in the husband’s name, under the Protection of Women from Domestic Violence Act (2005). The court may grant a woman the right to reside in the shared household or provide alternate accommodation until the divorce is finalized. 

A competent divorce advocate in Delhi can assist in securing this right, particularly if domestic abuse or other forms of harassment are involved.

Right to Streedhan:

Women are entitled to recover their Streedhan, which includes any property, assets or gifts given to them before or during the marriage by their family, the husband or his relatives. This is separate from dowry and remains the woman’s property even after divorce.

By consulting a skilled divorce advocate in Delhi, women can better understand and protect their legal rights.

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