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  • Division of property under Christian law

Can wife claim 50 % share after divorce if she has contributed only for children expenses and household expenses ?
Asked 2 years ago in Family Law
Religion: Christian

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4 Answers

Wife does not have 50 per cent share in property standing in husband name after divorce 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

The Christian wife cannot claim a share in her husband's property either after divorce or during the marital relationship as a right .

If she has not funded for purchase then she cannot claim.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

In India, the division of property after divorce for Christians is governed by the Indian Divorce Act, 1869, and personal laws are not applicable in determining the division of assets. The division is based on several factors, and it is not automatically divided on a 50-50 basis.

Here's a breakdown of your query:


  1. No Automatic Entitlement to 50% Share: Under Indian law, there's no automatic entitlement for the wife to claim a 50% share in the husband's property upon divorce. The division of property is decided on a case-by-case basis by the courts, considering various factors.

  2. Contribution to Household: The fact that the wife has contributed to children's expenses and household chores is indeed significant. Courts recognize non-monetary and indirect contributions like household chores, child-rearing, and the overall contribution to the family's welfare as substantial when determining alimony or maintenance. However, this doesn't necessarily translate to a direct 50% share in the property.

  3. Other Considerations: Courts will also consider other factors such as the duration of the marriage, the financial and non-financial contributions of each party to the welfare of the family, the income and property of each party, the standard of living enjoyed by the parties during the marriage, and the physical and emotional conditions of the parties.

  4. Maintenance and Alimony: Instead of a division of property, the wife may be entitled to maintenance or alimony, either one-time or periodic, depending on the circumstances of the case. The court will decide on maintenance considering the wife's own earnings, the husband's financial status, and their standard of living during the marriage.

  5. Mutual Consent: If the divorce is by mutual consent, then the division of property can be decided mutually between the husband and wife, and they can enter into a settlement agreement detailing the division.

It's essential to consult with a lawyer to get a more comprehensive understanding tailored to the specifics of the case.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

- Under Christian Personal Law, a wife does not have a share in her husband's property during his life time , and only after the demise of husband she can claim her right.

- Hence, she cannot claim half share on any grounds, however if children are living with her then they can claim maintenance from father though the natural guardian mother , if they are minor. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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