THE RECENT divorce case of Achraf Hakimi, the famous Paris Saint-Germain defender, and his wife Hiba Abouka, a Spanish-Tunisian actress has garnered significant attention on social media. In this case, Hakimi’s wife filed for divorce and demanded a share of his property.
However, the court reportedly stated that all of Hakimi’s properties, including cars, houses, jewelry, and even clothes, were not registered under his name. Furthermore, the court ordered Abouk to gift half of her estimated $3 million net worth to Hakimi.
If a case similar to
Achraf Hakimi’s were to
occur in India, where
the husband claims to
own nothing and refuses
to provide maintenance
to his wife, the court
would still order him to
pay maintenance or
face imprisonment
It should be noted that the divorce was filed after Hakimi was accused of sexually abusing a young girl in Paris, although some sources claim that the divorce was filed before the accusations. Abouk is now planning to file a lawsuit against Hakimi for fraud and mismanagement of their marital assets. Regarding the transfer of assets to Hakimi’s mother’s name, his mother, Saida Mouh, denied any involvement and claimed to be unaware of such actions. However, some reports suggest that this news may be fake. Experts comment that such a transfer would not be possible in Morocco, Spain, or France.This situation raises the question of what would happen if a similar case occurred in India and what share the wife would be entitled to under Indian laws.
In India, if a similar situation were to occur based on property ownership, the wife would not be entitled to a share of her husband’s property. There is no concept of the wife getting a share in the property, even if it is the self-acquired property of the husband. But the wife has a right to live in a shared household or she can claim rent. If this is not agreed upon, the husband may provide the wife with a rented accommodation of equal status and cover the rent expenses.
In India, there are various laws concerning maintenance for divorced wives. These laws exist within Hindu Law, Muslim Law, Christian Law, Parsi Law, the Special Marriage Act of 1954, the Code of Criminal Procedure of 1973, and the Protection of Women from Domestic Violence Act of 2005. These laws not only emphasize legal obligations but also the moral obligations. They aim to address social issues such as destitution, immorality and the prevention of criminal acts for subsistence.
Under the Hindu Adoption and Maintenance Act of 1956, a wife can claim monthly maintenance or alimony from her husband if she is unable to support herself financially. Even working women can claim the right to maintenance. The amount of alimony depends on the husband’s status and the status of the matrimonial home.
It has been established through numerous Supreme Court judgments that maintenance is a woman’s unalienable right. The husband has a personal obligation to maintain his wife under Hindu Law, and if he owns property, the wife is entitled to claim maintenance from such properties.
If a case similar to Achraf Hakimi’s were to occur in India, where the husband claims to own nothing and refuses to provide maintenance to his wife, the court would still order him to pay maintenance or face imprisonment. The court may require him to find employment and maintain his wife, especially if there are children involved.
In cases where the wife is working, the court may have a lenient view and consider her capability to support herself. However, if there are children involved, the husband is still obligated to pay maintenance. It is worth noting that cases where the wife is required to pay alimony or maintenance to the husband are rare. The law primarily focuses on the husband’s responsibility to provide maintenance.
Under Section 125 of the Code of Criminal Procedure, a person is obligated to maintain his wife if she is unable to support herself. In the event of the person’s failure to adhere to the court’s maintenance order without justifiable reasons, the court has the authority to issue a distinctive warrant for collecting the outstanding amount and potentially impose a prison sentence upon the individual for non-compliance. In a recent ruling, the Aurangabad bench of the Bombay High Court held that a woman who leaves her matrimonial house before the divorce cannot later claim the “right to residence” under the Protection of Women from Domestic Violence Act, even if her appeal against the divorce decree is pending.
Indian divorce laws do not entitle wives to a share of their husband’s property. However, they provide provisions for maintenance and alimony, emphasising the husband’s obligation to support his wife. The laws aim to prevent social issues and ensure that neglected wives and children do not suffer destitution or resort to immoral or criminal activities for their subsistence.