What are the rights on Divorce?

The rights on divorce are also governed by the law under which the marriage was solemnised.

1. The couple is no longer required to cohabit.
2. The spouse unable to take care of herself or himself in the standard to which he or she was used to, while married, is entitled to be maintained by the other spouse.
3. Under Muslim law, the wife would be entitled to maintenance as per Shariat law.
4. The children will be entitled to be maintained financially by the parent who can best look after their interest. However, custody may be granted to the parent in whose care, the child’s welfare shall be best served. Indian courts are generally in favour of granting custody of minor children to the mother.
5. Custody of children may be sought by the parties in the divorce proceedings.