Provision in India will depend on a number of factors, including the religion of the parties. Generally, the court do not have a concept of “matrimonial property” and there will be no division of assets.
A husband or wife may be entitled to receive maintenance, which will usually be up to 1/3 of the husband’s income. The court will look at the needs and property in the case, including the needs of the respondent’s wider family. The maintenance will be designed to keep the parties at the level of lifestyle enjoyed during the marriage.
Unfortunately, due to the frequency with which income is under- or undisclosed, the court struggles to make accurate maintenance awards in many cases.
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