The recent report on Ashraf Hakimi’s divorce case caused a sensation on social media. When his wife, the Spanish-Tunisian actress, Heba Abouk, filed for divorce and demanded half of his property, the court said that Hakimi did not own anything and everything in his mother’s name. So what if something like this happened in India? What share will the wife get according to the divorce laws in India.
What is the story of Ashraf Hakimi and Hiba your father’s divorce?
Achraf Hakimi is a Moroccan national and the famous Paris Saint-Germain defender. He is one of the most expensive players in Africa and is also seen as the best right-back in the world, according to a report by Morroco World News. In 2022, the International Center for Sports Studies (CIES) included him in the list of the 100 most expensive players in terms of his estimated transfer value. His ex-wife, Heba Abouk, is a Spanish-Tunisian actress. They met in 2018 when Hakimi was 19 and Abouk was 31. They married in 2020 and have two children, Amin and Naim.
After your father filed for divorce, the court stated that all of his property including his cars, houses, jewelry, or even his clothes were not registered in his name. In addition, the court ordered his wife, Heba Abuk, to donate half of her $3 amount. A report by Wealth stated that Hakimi’s net worth is $1 million. Since the case surfaced in the media, people have praised Hakimi for this clever move while some have also called him a coward. Reports stated that the divorce took place after the footballer was accused of sexually assaulting a young girl in Paris, while some stated that the divorce took place before these accusations. According to recent reports, Abouk is set to file a lawsuit against her ex-husband for fraud and mismanagement of their marital assets, reports La Vanguardia.
Speaking about all the assets registered in her name, Hakimi’s mother, Saida Moh, denied these allegations and said that she was not aware of such behavior. “If he took any action to protest himself, I am not aware of that. What is the problem if the news is true? If my son does not do this, he will not be able to get rid of that woman.”
However, some reports also claimed that the news of Hakimi transferring his assets under his mother’s name was fake. “This will not be possible, neither in Morocco, nor in Spain, nor in France,” said French sports reporter and journalist Gilles Verdez. Other reports claim that the story is not based on reality and perfectly illustrate the findings of the published MIT study. in 2018 that explored how fake news spreads faster than real information.
Speaking about her claim of 10 million euros from the Paris Saint-Germain star, Heba Abouk told Marca: “He is a macho and misogynist considering that when we started our relationship he didn’t make money and I was known more than him. Imagine that.” “I want to be discreet so that tomorrow doesn’t affect our family. “I trust justice and common sense, who are on my side,” she added.
Divorce laws in India
In India, if a similar situation occurs on the basis of property, then according to Indian laws, the wife after divorce does not get any share in her husband’s property. According to Maryam Fawzia Al-Rahman, a marriage lawyer Mint“In India, there is no concept of the wife having a share in the property, even if it is the husband’s self-acquired property.” A wife may claim her right to subsistence only in the matrimonial home or in the joint home. If this is not agreed upon, the husband can also provide the wife with a rented home in the same condition and pay the rent.”
In India, due to its secular nature, there is a wide range of laws relating to mitigating alimony for divorced wives. Provisions for this are contained in Hindu Law, Islamic Law, Christian Law, Parsi Law, Special Marriage Act 1954, Criminal Procedure Act 1973 and Protection of Women from Domestic Violence Act 2005 which stresses not only legal but also moral obligations. In implementation of this, such broad laws emphasize the need to achieve the social purpose for which the maintenance provisions have been implemented under various laws.
Under the Hindu Adoption and Maintenance Act of 1956, a wife can claim alimony or alimony from her husband. Alimony is something that is given to the wife on a monthly basis, and is lifted when the wife is unable to support herself financially. Apart from this, a working woman can also claim the right to alimony. Alimony is what is paid to the husband in one payment. Attorney Myriam said that the amount of alimony depends on the husband’s condition and the condition of the marital home in which the wife married.
It has also been affirmed in several Supreme Court rulings that alimony is an inalienable right of women. It is also established that under Hindu law, the husband has a personal obligation to support his wife, and if he has money, then his wife has the right to maintain this property because the aim of the provisions and laws is to oblige the man to perform the moral duties that he has towards society towards his wife, children and parents. She added that, accordingly, it ensures that the neglected wife or child does not fall prey to social issues such as destitution and immorality or committing crimes for the sake of a living.
In a case like Ashraf Hakimi, if a husband claims in India that he has nothing and will not be able to provide maintenance for his wife because he owns nothing and everything is under his mother’s name, the court will still order him to pay maintenance or face imprisonment. “The court will order him to get a job and support his wife, especially when he has children.”
When asked if this also applies to cases of a working wife, lawyer Maryam said, “The court has a lenient opinion saying that she is capable but if there is a child, he must pay alimony.”
When asked about an order when the wife must pay alimony or alimony to the husband, she said: “There is only a rare case when such a situation arises.”
Another lawyer, Amesh Agarwal, who is a registered lawyer with the Supreme Court of India, recently posted a video on social media saying that if a similar case occurs in India and the wife claims the husband has $9 crores per month but the husband refuses saying all the money comes in my mother’s account and he has no control over the money, the court will still order him to pay approx. $2-3 crores per month to his wife. If he fails to do so, the husband could be imprisoned for not complying with court orders.
According to Article 125 of the Code of Criminal Procedure, a person must do so Support for his wife, who is unable to support herself (a wife includes a woman who has been divorced or obtained a divorce from her husband and has not remarried); or his legal or illegitimate minor child, whether married or not; His father or mother, unable to support himself.
“If any person ordered fails without sufficient cause to comply with the order, any such judge may, for each breach of the order, order collection of the sum due in the manner prescribed for the imposition of fines, and may sentence such person, the law provides that every or part of each month’s allowances remaining unpaid after the order has been executed, to imprisonment for a term which may extend to one month or until payment if payment is made sooner.
Earlier in October 2022, the Aurangabad Panel of Bombay High Court ruled that a woman, who leaves the marital home prior to her divorce, cannot subsequently claim ‘right of abode’ under the Women’s Domestic Violence Act 2005 (Domestic Violence Act). Even if her appeal against the divorce decision is still pending, Bar & Bench reported.