Hardik-Natasha Divorce. Indian cricket team’s star cricketer Hardik Pandya and his wife Natasa Stankovic have got divorced. After the divorce, various rumours are flying on social media regarding the upbringing of son Agastya and the wife’s alimony. However, the divorce has happened between the two with mutual consent. But, without seeing the copy of the judgment, decree or order, people are making various speculations. At the same time, legal experts say that because both have separated with consent. In such a situation, the amount for alimony and maintenance of the son would have already been decided. Yes, if there was a dispute between the two regarding alimony or maintenance, then this matter would have been decided by the family court.
After divorce, it is usually seen that there is a dispute between the husband and wife regarding alimony. This matter is resolved in the family court itself. But, if the couple divorces with mutual consent and both give it in writing to the court, then the judge signs it. This is also a process of divorce. However, this process also takes 6 months. This is the reason why the news of the official decision of divorce of Hardik and Natasha came on July 18. That is, both of them had filed a divorce petition in the court six months ago with mutual consent.
Who suffered loss in Natasha-Hardik’s divorce?
In such a situation, the first question that arises is how many crores of rupees will Hardik Pandya give to his ex-wife as alimony? Second, who among the two will be responsible for the upbringing of the son and will both bear the expenses of upbringing or only Hardik? Third, will Hardik’s son get a share in the ancestral property i.e. the property of grandparents or not? Fourth, will Hardik’s son’s son i.e. Hardik’s grandson get a share in the property acquired by Hardik after divorce or not? Fifth, Hardik and Natasha have married according to both Hindu and Christian customs. In such a situation, under which act will the alimony for maintenance be given or received?
What do legal experts say
While talking to News18 Hindi about all the aspects of Hardik and Natasha’s divorce, senior Supreme Court advocate Ravi Shankar Kumar said, “Look, if both have taken a decision by mutual consent, then only this written information has to be given to the court. Then the court approves it. Both must have already decided that a fixed amount will be given every month or take this amount in one go. That means Hardik must have given a fixed amount to Natasha in one go. Both will have to follow the terms that were decided in this. If Natasha has taken one time amount like 10, 20, 50 crores or 70 crores, then its information and proof will have to be given to the court. Then the matter is over from Hardik’s side.”
Kumar says, ‘The child has the independence right to maintenance. The child’s rights are not lost due to the mother’s divorce. The mother cannot lose the child’s property rights. But, there are two things involved in this. See, there are two types of property. One is ancestral and the other is self-acquired. For example, if Hardik’s father has agricultural land or any property, then even if Hardik wants to, he cannot separate his son Agastya from it. Suppose Hardik marries again after getting divorced. If a child is born from the second marriage, then also the first child will get the same rights in the property as the child from the second marriage. The ancestral property will be divided equally among the children. Yes, even if Hardik has transferred his property to his parents, no one can stop Hardik’s son from getting rights in that property. But, if Hardik has given his self-acquired property to someone else, then his wife will not have any right in it. Even if Hardik has transferred his self-acquired property in the name of his parents or brother, his wife will not have any share in it.
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Kumar further says, ‘Look, Hardik and Natasha belong to two different religions. Both got married according to Hindu and Christian customs. It does not matter. Yes, if Hardik had converted from Hindu to Muslim or Christian, it would have made a difference. Both of them got married under the Special Marriage Act. In this sense, if the husband does not change his religion, then the same religion applies to the wife as well. Look, it is clearly written in the Hindu Succession Act 1956 who will succeed in Class One and Class Two here. At the same time, the natural guardian of the child will be the mother till the child is 18 years old. Hardik will have to pay separate money every month for the maintenance of the child. And the standard in which Hardik will live, his child will also live according to the same standard.’
Many things are being said about Hardik and Natasha, but in reality no one has any concrete information. It is being said that Hardik’s self-earned property is about 100-150 crores. His parents and brother have a share in the property worth 91 crores. Hardik has transferred this property in the name of his mother and brother only six months ago. In such a situation, Natasha does not have and will not have any right to even a penny on this property. Because this is Hardik’s self-earned property. In such a situation, Hardik very cleverly gave a large part of his self-earned property to his son instead of giving it to his wife. In such a situation, when Hardik Pandya’s son will be of Hardik’s age, he can become a billionaire. Because, along with his parents, he will also have rights on the ancestral property of his grandparents.
Tags: Hardik Pandya, Natasa Stankovic, Supreme Court
FIRST PUBLISHED : July 19, 2024, 17:54 IST