• Wife's rights

Hi I am married for 3 years . My husband has hardly gave me any support. All his insurance policies and everything were set with his mother as nominee. He lives in rented apartment but paying EMI for her mothers home in his hometown. I do not have anything against this but when it come to my future security I have questions

#1 He has some property on his name .Because I am his lawful wife. Do I own any kind of rights on that

#2 The home which he is making and paying for. Do I hold any legal right on that

#3 All nominations etc . Do you think I own any right on his assets or money 

#4 What legal rights I have . I am earning women. I do not want or have greed of anything. We do not have kids but looking at what current scenario is . I am worried how secure future will be for my kid

Again . I never had or issues with my husband paying or sharing his money with his mother .I am concerned with my future. 

Btw .his father and mother are both alive. 

I almost have daily arguments around these topics but I fail to understand whether I should go for separation or something because this arguments are killing my day in and out .

I have my job but if my married life does not give me any security , It doesn't make sense to be married.
Asked 8 years ago in Family Law
Religion: Hindu

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4 Answers

1. Under the Indian law as it stands today a wife has no share in the property of her husband. The only right she has is the right to reside in the property of her husband. So if he has a property which he attempts to transfer to someone else then you can seek a restraint order from the court.

2. You have no share in his movable assets.

3. if you are earning sufficiently then you do not have the right to claim maintenance from him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. & 2. You have no legal right on any of his properties during his lifetime. You have equal right along with his mother on all of his properties and assets including the house he is making,

3.Yes, you have similar right on his liquid assets also along with his mother since nominee is actually trusty/custodian of the account and not owner,

4.You are working and have not yet got a kid, then what future security you are seeking for? All men take care of heir mother and make her the nominee which finally gets transferred in the name of wife after some time. Your sense of insecurity for your not yet arrived child for your husband's making his mother as nominee or for paying the MIs for the house where she is staying is unfounded. Will you feel that the future of your unborn child will be secured if your husband makes you nominee or stops paying EMIs for the said house where his mother is staying (since conveying the title of the house in your name is not possible since it has been mortgaged for taking loan for which it can not be dealt with before clearing the loan),

5. "Again . I never had or issues with my husband paying or sharing his money with his mother .I am concerned with my future". This statement of yours is not understandable as to what action of your husband do you thing that will make you feeling that your future is secured?

6. "I almost have daily arguments around these topics but I fail to understand whether I should go for separation or something because this arguments are killing my day in and out" . What is the cause of the argument and your thinking of terminating the marital relationship? hat do you want him to do now for you to feel secure?

7. You are financially secured. Even then you are thinking that your married life is not giving you any security for reasons hinted at as your husband's certain normal acts which you are repeatedly stating as non issue to you,

8. It will be prudent on your part to think practically keeping in your mind that divorce is the 2nd most stressful event in one' life and you never know whether your next husband, if ny, will be any better.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1 He has some property on his name .Because I am his lawful wife. Do I own any kind of rights on that

NO

#2 The home which he is making and paying for. Do I hold any legal right on that

NO

#3 All nominations etc . Do you think I own any right on his assets or money

NO

#4 What legal rights I have . I am earning women. I do not want or have greed of anything. We do not have kids but looking at what current scenario is . I am worried how secure future will be for my kid

Legally speaking, you cannot claim any right over his assets or properties or money during his lifetime, it shall be his own property.

Your married is secured by law, you have the rights of a Hindu wife on your husband which you are not realising. The money and property alone cannot ensure your future security.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

1) you can visit a marriage counsellor with your husband to try to save your marriage

2) if situation does not improve file for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

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