daughter in law has no share in your self acquired movable or immovable proeprties
Our daughter in law wishes to file a legal divorce case to our son. At the end of the proceeding, since my son does not own any a property in his name, as per the law of India, can she hold the legal rights to claim her share from my self-acquired movable or immovable properties?
Is it mandatory the husband and wife must be separated for a year or more before filing a divorce case in the court of law?
As per the Indian law on Hindu Marriage, one year separation is necessary to file a mutual consent divorce.
Your daughter-in-law would not have any share in the self acquired property, whether movable or immovable.
She can only claim monthly maintenance amount from your son.
It is not mandatory for the husband and wife to be separated for one year.
Divorce petition can be filed in the court having jurisdiction, after 1 year of completion of marriage.
for filing divorce by mutual consent it is necessary that both stay separte for period of one year
2) contested divorce can be filed after one year of marriage
yes it is mandatory that the separation period should be 2 years.
Property cannot be claimed in a shared household. Courts have also ruled that a daughter-in-law has no right to live in her parents-in-laws property against their wishes if the property is a self-acquired property. The maintenance of wife is the personal obligation of the husband. As stated in RSA No. 4398 of 2016 in case of Varinder Kaur versus Jitender Kumar and Another. Woman Can’t Claim Right Over Her Father-In-Law’s Property. I can share the judgement with you too.
No daughter in law either divorced or not have no direct right to claim your property.
And further after divorce she cannot claim any property from you.
See for mutual divorce separation one is mandatory for contested divorce there are different grounds as adultery cruelty.
Dear Client,
DIL has no claim in inlaws properties and for mutual consent diovrce , pre one year separation must.
yes it is mandatory in the case of mutual consent divorce and not otherwise
She can claim only property which is belongs to her husband and her husband is sole owner or absolute owner of said property, she can't claim on property other then of her husband
Your daughter in law cannot claim rights over her husband's property itself even if their marriage is not dissolved.
Thus there is no question of she claiming any rights over properties belonging to third parties.
You need not be worried in that aspect