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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.
If you would like to know more about the issues covered in this guide, Vardags offers a free consultation to qualifying individuals.
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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.
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