Dharshan (Advocate) 28 August 2018

Do wife as entitled to occcpy husband property after divorce

Hello expert

I have property which is owned my me presently loan is running in LIC and there is dispute between me and my wife.

my WIFE had filed 498a, sec 9 , and maintenance case which is running in court now.

i have filed divorce case on her.

But she has occupied my house and not vacating the house. i complained to police station they say she has also have right on my property and not taking any action.

1. Please suggest me whether she has rights on my property?

2. Does she has right on my property after divorce.?

3. How can i vacate her from my house now?

4. Can i bring any injection order on her so that she cannot come into my house?

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3 Replies

kirti kabra 28 August 2018

1. According to the Family law wife is entiled to her husband's property and shall have right to live in the property till the decree of divorce.
2.No, after divorce she will only have right to claim maintenance or alimony depending upon the facts and circumtances of the case.

SOLOMON.RAJ (advocate/director) 31 August 2018

As per the latest Supreme Court judgefment the wives are entitled for 50% of husbands self acquired properties.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

Dharshan (Advocate) 31 August 2018

Dear Solomon Raj Sir, I just checked still Bill is pending in parliment and can you please provide me the judement copy, i searched in internet, i did not see this anything such giveing 50% of husband property in any judgement,