The rights of a wife after divorce in India are safeguarded under various personal laws, statutory provisions, and judicial precedents. These rights aim to provide financial security, dignity, and protection to women who may become vulnerable post-divorce, especially in cases of economic dependency or child custody.

One of the most significant rights is the right to maintenance and alimony. Under Section 125 of the Criminal Procedure Code (CrPC), 1973, a divorced wife who is unable to maintain herself can claim monthly maintenance from her former husband. This provision is secular and applicable to women of all religions. The amount is determined based on the husband’s income, the standard of living, and reasonable needs of the wife. Additionally, under personal laws such as the Hindu Marriage Act, 1955, she can also claim permanent alimony, either as a lump sum or as recurring support.

In Muslim personal law, a divorced woman is entitled to maintenance during the iddat period (usually three months), and under the Muslim Women (Protection of Rights on Divorce) Act, 1986, she can claim a reasonable and fair provision for the future. Landmark judgments, such as Shah Bano (1985) and Daniel Latifi (2001), have expanded the scope of post-divorce rights for Muslim women.

A divorced wife also retains her right to streedhan—movable and immovable property, gifts, jewelry, or wealth that she received before, during, or after the marriage from her family or in-laws. Courts have consistently upheld a woman’s right to reclaim her streedhan, even years after separation. Dowry articles, if any, also belong solely to the wife, and withholding them can amount to criminal offences under Section 406 IPC and Dowry Prohibition Act, 1961.

Where children are involved, a wife has the right to custody or visitation, depending on what the court considers in the child’s best interests. Under laws such as the Guardian and Wards Act, 1890, and Hindu Minority and Guardianship Act, 1956, custody may be awarded to either parent, but courts often grant it to the mother, especially for younger children.Another critical right is the right to residence. While the marriage subsists, a wife has the right to reside in the matrimonial home. After divorce, this right typically ends unless the court grants her a shared household or alternate accommodation under laws like the Protection of Women from Domestic Violence Act, 2005.

In summary, Indian law provides multiple post-divorce protections to wives, especially focusing on financial stability, property recovery, and child welfare. Legal aid and family courts make these rights accessible, and timely legal intervention is essential to safeguard them.