Wife's claim on my father's and my property in case of a divorce
Suppose if my marriage(arranged) is only 5 years old or less with no children and i find my wife incompatible with me...causing too much daily fights and quarrels, which makes me seek divorce from her on the ground of above reasons. What claim she will have on the property and assets that are on my name and on those that are on my father and mother's name ? and what will be the consequences if we have 1 child.
Additional Information: we are a hindu family.
Asked 12 months ago in Family Law from Bathinda, Punjab
1) wife has no share in property standing in your name and that of your parents
2) wife only can claim right to stay in her matrimonial home owned by you or wherein you have share
3) even if you have kid he has no share in your self acquired property during your lifetime
1. Wife has no share in the property of husband.
2. However wife has right of residence in the proeprty of husbnad.
3. if the wife is unemployed then she can claim maintenance for herself and the child but has no share in the savings of husband.
1. Your wife shall not have any claim on your property as well as on your parents' S property and assets if you divorce your wife.
2. In case you have a child then the child shall be entitled to its share in the ancestral property but not on your self acquired property.
3. For your child, if you opt for divorce and if the court orders the custody of the child to your wife, then the Court may order you to pay towards the maintenance of the child till it attains majority.
1. The grounds show in your query are not the grounds acceptable by the law for seeking decree of divorce.
2. you can file a divorce suit on the ground of cruelty with evidence in support of your marriage.
3. She can not have any claim on your father's or your properties during your lifetime.
4. She can claim maintenance if she is not employed.
5. If you file a divorce suit after having a child, then she will have his/her mandatory custody till he/she is more than 5 years of age.
6. You shall have to pay maintenance for your child also in case she files a maintenance petition.
Any property movable or immovable if it is in the name of your husband yes a wife can claim a share during the time of divorce but if it is an ancestral property and still in the names of his parents and then the wife cannot claim any share during the time of divorce. The duration of the marriage will not have any consequence on this settled proposition of law.
and in the second case
The right of the minor child cannot be taken away and she has right to claim maintenance from her father and she has right to claim in grandfather\'s or grandmother\'s property. But with regard to father\'s self owned property the daughter has no right till father is alive and she can only claim maintenance at present.
Advocate, New Delhi
1. Under the present law prevailing in India a wife has no share in the property of her parents, much less in-laws, regardless of the duration of her marriage. Her only right is to reside in the property of her husband during the subsistence of her marriage.
2. The issue of child custody can be independently assailed by either parent before the guardianship court.