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N.Nataraj (Asst.Gr. II (Vol.Retd))     24 March 2012

Ex wife claiming property rights

Dear advisors, 

First wife agreed for marriage of her husband before gram panchayat in writing . Receiving maintenance of Rs.600/- as decided by gram panchayat and living separately for nearly 20years. She has no children. Second wife is having a minor son and she is the nominee for PF of her husband.

Now, the first wife is claiming equal rights in property House, Site, PF etc, from her husband who is employed in a reputed private company, Second wife is having a minor son.

Whether her claim is tenable under the law?

Nataraj N swamy



Learning

 13 Replies

Shantilal Pandya ( Advocate)     25 March 2012

 yes the first wife is equally entitled  to  claim 

Alok Tholiya (self employed)     25 March 2012

Panchayat has no legal sanctity. Person is literate and is with good co then he shud hv taken legal divorce. Others shud hv advised him legal aspect. There r newspapers, webs, many other chanell to know legal position. But he liked to live in fools paradise. He will suffer now. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 March 2012

Dear Querist

when the husband is laive, she can not claim after his death she have right ot get equal share

Ranee....... (NA)     25 March 2012

If first wife is not legally divorced then second marriage is not valid..how ever she is entitled for maintenance and her son will get share in father's property.

bhagwan (owner)     25 March 2012

Sir, one of my fast friend had just done second marriage., his first marriage divoreced on stamp paper of Rs. 100.00 in sub registarar office and witness are both the parents.pls let me know the position of my friend that whether he is having problem with this marraige from first wife., and this second wife is having her first marriage.

Pls advise.

Thanks

Dr J C Vashista (Advocate)     25 March 2012

No Hindu can divorce without permission of Court except certain traditional, let it be clear to you. I mean that divorce and/or maintenance by Panchayat do not have any legal sanctity i.e., void.

You have attracted bigamy by solemnizing another marraiage which is illegal and void for that your wife (which you wrongly call ex-wife) .

You are bound to lookafter and maintain your wife that you have abondoned for the last 20 year, however, only she has the right of property, PF etc. besides the child from your mistress, who is illegitimate. 

bhagwan (owner)     25 March 2012

Sir, now heard that there is marriage amendment  2010 bill is now on table., and still to be passed by The Honorable President of India, so whether this bill also will effect who had taken divore in year  2001 and 2006, or prior passed of the bill.

Pls help in this matter

Thanks

Dr J C Vashista (Advocate)     26 March 2012

NO, the bill shall be tabled in both houses of Parliament, deliberated threadbare, may be submitted the Select Committee, if passed by both houses it will require assent of President of India before it is NOTIFIED in the Gazzattee of India.

However, in NO circumstances it can be effective from retrospective date,

bhagwan (owner)     29 March 2012

RESPECTED RANEE..IF THE HUSBAND HAS MARRIED WITH GIRL WHO IS NOT LEGALLY DIVORECEE , MEANS HER EARLIER DIVORECE ON STAMP PAPER AND REGISTERED IN SUB REGISTAR EVEN THOUGH HER SECOND HUSBAND HAS TO PAY MONEY..WHETHER HER SECONDHSUBAND CAN GO FOR BIGAMY SUIT. PLS ADV.


(Guest)

DIVORCE ONLY HAPPENS THROUGH COURT AS PER HINDU MARRIAGE ACT

Dr J C Vashista (Advocate)     30 March 2012

I agree, there is no divorce without a Court decree

Ranee....... (NA)     30 March 2012

Originally posted by :bhagwan


RESPECTED RANEE..IF THE HUSBAND HAS MARRIED WITH GIRL WHO IS NOT LEGALLY DIVORECEE , MEANS HER EARLIER DIVORECE ON STAMP PAPER AND REGISTERED IN SUB REGISTAR EVEN THOUGH HER SECOND HUSBAND HAS TO PAY MONEY............no..WHETHER HER SECONDHSUBAND CAN GO FOR BIGAMY SUIT. PLS ADV..her first husband can go for bigamy suit on her.


Advocate Ravindra Kumar (Advocate )     01 April 2012

Dear Respected Sirs,

 

Kindly advise!

Present position of the case is FIR is to be quashed in High court after decree  and the wife will get left over share of teh settlement i .e 50,000/- .and she will be evacuated from the premises of the husband.

Can the wife get the share in the property of the husband .

 

Best regards 

 

Ravindra 

 


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