• Advice on divorce for my sister

I would like to have advice on divorce for my sister, who is approaching 50 years now. 10 years back she got married with widower (approaching 60). But married life is not going well, so she frequently keeps on coming back to my home. I would like to mention few points hear,
1. It was first marriage of my sister, although she was 40 years old at that time.
2. She was not working before marriage and never worked up till now. She passed B.A.
3. Because of her serious health issues, she will not be able to conceive child.
4. Her widower husband is already having one grown up son who is working.
5. Her widower husband is highly qualified and with his first wife who was also highly qualified, they earned really good and made lots of investments in property, before second marriage.
6. After second marriage also my sister's husband earned well and made investments in properties. Few of them are on joint name of both of them, with first name as my husband name and second name as my sisters. 
7. Her husband is retired now and he has very little income from shares and property rent etc., amounts to Rs. 20,000 or less all together. Most of the household expenses are born by his son who started working. 
In this situation, if my sister proceeds with divorce, 
1. Will she be able to make claims of any of the properties on husbands or his sons name ?
2. Will she be able to make claim on property on joint name ?
3. What will be approx maintenance she will be able to get ?
4. Will she be able to make claim on husband's ancestral farm property.
Asked 8 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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7 Answers

1. Hindu spouse cannot have a right over the self-acquired or ancestral property of the husband or wife in case of divorce. However if the property has been bought at the time when your sister was in a relationship with her husband then she can make a claim on it.

2.50% ill be your share in the joint flat.

3. The amount of alimony is calculated to keep in view many parameters like the income of the partners, societal status, the standard of living, the number of children, the number of years spent together and the emotional attachment. There isn’t any fixed formula to calculate the amount of alimony but generally, it is the 1/3 or the 1/5 part of the salary of the paying spouse.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) in respect of properties bought in joint names she can claim 50 per cent share in said properties

2) she has no share in properties standing in name of husband or son name

3) wife can claim one third of husband income as maintenance

4) she has no share in husband ancestral property

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

That is a matter of claim and not a matter of right maam.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) wife can claim right to stay in her matrimonial home

2) if any property is owned by husband and it is wife matrimonial home she can seek right to stay in her matrimonial home and seek injunction restraining husband from selling the property

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

A wife has no right over her husband’s self own property. A married woman has exclusive right over her own individual property. In the case of joint property they have equal right.

1. Will she be able to make claims of any of the properties on husbands or his sons name?

No, she could not claim over properties of husbands or his sons name

2. Will she be able to make claim on property on joint name ?

Yes .she has half right or (percentage of right mention in the sale deed) on joint ownership property.

3. What will be approx maintenance she will be able to get ?

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.

4. Will she be able to make claim on husband's ancestral farm property.

She could not claim on husband’s ancestral farm property

A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband. Marriage throws an obligation on the wife, to live and co-habit with her husband. Only on reasonable grounds she is justified to live separate from him.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

She cannot make any claim in her husband or his son's, property.

She can claim her share in the jointly owned property.

She can claim maintenance to the extent of at least one fourth of his proved income.

She has no rights in her husband's ancestral property.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

The subsequent query about share in property and your understanding about it is just misguidance.

There is no law to claim a share in his properties as a right during his lifetime even being a legally wedded wife.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

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