• Cousins marriage issue

As discussed in last post my cousin now ready to take mutual consent divorce with his wife ,we have some queries please clarify the same

1)My  cousin owns his father gifted property (agricultural land )
2)My cousin and his wife also working (both are double graduate holders)
3)They have stayed at rented house 
4)My cousin owns another property (home) which he bought after marriage through loan and property registered in his name
5)My cousin not took any amount from his wife salary till date (Thats in his wife's account)
6)they have 2 bike and car and savings(less)

a)my cousin's wife claim for property share(point 1 agricultural land) 
b)My cousin home which he bought 
c)How about sharing the rest  ,kindly share approx share 
d)Now she dont want to give divorce but my cousin wish's in that case how to proceed and how much he need to share

Please advice
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
The wife by virtue of marriage doesn't acquire any share in the property of her husband. She is only entitled to maintenance per month if she is an unemployed lady.
So in this case it's up to the parties to settle on something to which the other is not legally entitled.
Choice is with him.
Devajyoti Barman
Advocate, Kolkata
12804 Answers
165 Consultations

5.0 on 5.0

1) wife has no share in agricultural land standing in husband name 

2) she also has no share in his self acquired property 

3) since wife is also working she i s    not entitled to any maintenance 

4) if wife refusing to give divorce husband can file for divorce on grounds of mental cruelty 

5) husband can give lump sum  alimony to wife depending upon his income 
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

Hi, wife has no right to claim share in the property of the husband she is only entitled for maintenance.

2. In your case wife is working so she can't claim maintenance.

3. It is better tried to settle the matter amicably  and go for mutual consent divorce or else your cousin will have to  file   divorce on the ground of cruelty and it will take time in the court.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. Your cousin's wife has no right to claim his agricultural landed property which he got into his possession from his father.
2.Since it is the self acquired residential property(home) of your cousin, he has absolute right to deal with the property and his wife has no claim over his self acquired property.
3.If your cousin's wife is also inclined to agree for mutual consent divorce, then he can share whatever he can afford to and it cannot be quantified.  Also kindly note that it is not compulsory to share money or property in mutual consent divorce and the couple can jointly decide about sharing of movable and/or immovable properties or not.
4.If your cousin has decided to take divorce from his wife, let him convince his wife to agree for MCD, which is the fastest way of get separated.  If she is not agreeable for MCD, then he should go for contested divorce, if there is a strong ground for the same.
Shashidhar S. Sastry
Advocate, Bangalore
1633 Answers
107 Consultations

5.0 on 5.0

a)my cousin's wife claim for property share(point 1 agricultural land) 
She does not have any right to claim any share in this property

b)My cousin home which he bought 
Same reply as above

c)How about sharing the rest  ,kindly share approx share 
What are the rest?, if the car was jointly bought, it has to be purchased by one of the spouse and give a share to another, likewise, her jewels shall be with her including ll the articles she brought during marriage.

d)Now she dont want to give divorce but my cousin wish's in that case how to proceed and how much he need to share
Since she is not willing to give mutual consent divorce, he may proceed with divorce on contested grounds alone.  About the alimony aspect, since she is employed, she may not be eligible for that 
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

1. A wife has no share in the property, movable or immovable, of her husband. This includes self acquired and inherited property.

2. Your cousin is at liberty to file for divorce if his wife is not ready for mutual divorce. No share in his property is required to be given by him to his wife.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

wife has no right in husbands self acquired or ancestral properties. She can claim only maintenance. wife is not included as coparcener so she has no property right. [P. K. Ramakutty vs V. S. Sonamurty AIR 1998 SC]

Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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