Wife rights on husband property after mutual divorce
Fateh
(Querist) 18 December 2017
This query is : Resolved
Can a wife claim on husbands property and pension after getting divorce on mutual consent. Even if she has received money as one time settlement.
Is there any court order which stops wife for such claims
Vijay Raj Mahajan
(Expert) 18 December 2017
After divorce there is no more husband wife relationship and even after the death of the husband, the wife has no right to claim either the share in the property of the husband nor his pension.
Guest
(Expert) 18 December 2017
The Marriage Law Amendment Bill of your above request is still pending from the period of Congress Government till the Present Government.
Guest
(Expert) 18 December 2017
In China the above Bill was passed and later they realized the Marriage obviously made to be a business.
Guest
(Expert) 18 December 2017
Very well advised by Mr. Vijay Raj Mahajan.
S.B.adil rahman
(Expert) 18 December 2017
Please read the judgment of Punjab and Haryana High Court in Sushil Kumar vs Neelam of 2004 on the web site Indiankanoon.com and the concept will be clear. It says that"The definition of "wife" has also been given extended meaning by the statute in order to provide security in life to a wife whose marriage has been dissolved by a decree of divorce and who being a destitute is unable to maintain herself. This is a matter of public policy and not of an individual. In such circumstances, the statutory right which has been conferred on a person under a public policy, cannot be waived by the said person by mutual agreement. It is also well settled that any contract which is opposed to public policy is void under Section 23 of the Indian Contract Act, 1872, and the same cannot be enforced in a Court of law. If the object or consideration of an agreement would defeat the provisions of any law, and if it is against the public policy, the agreement will be treated as unlawful and void. In a similar situation, the Kerala High Court in Sadasivan Pilial v. Vijayalakshmi, (1987) 2 Hindu LR 334 : (1987 Cri LJ 765), has held that merely the wife in the joint application filed by both the parties under Section 13-B of the Hindu Marriage Act, relinquished her right on each other person or property, is not a bar for claiming maintenance under Section 125 of the Code". However, judgments differ from case to case and so the opinions too.
Guest
(Expert) 18 December 2017
@ Mr. S.B. Adil Rehman,
What exactly do you want to convey by referring to the aforesaid case of Sushil Kumar vs Neelam? How that case has any concern with the property right on the property after mutual divorce, whereas that is related merely on her claim for maintenance u/s 125, which she was not getting?
Kumar Doab
(Expert) 18 December 2017
Upon divorce granted by court even if by MCD the husband-wife relationship ends.
The lady is NO more wife and thus NO more legal heir of Ex.husband.
Hence such aspersions are natural that she cannot stake any claim that can be claimed by a woman in capacity of wife.
S.B.adil rahman
(Expert) 19 December 2017
@Jigyasu, my reply was in context of the favourable judgment delivered by the court with various citations. I wanted to convey that a divorcee wife can not be derived from maintenance even after she ceased to be the wife. Now comes the property rights..so where is the harm if the wife contests for property right for the property acquired during the status as wife. The court will see the contribution of wife in the property and would find whether she is eligible or not? New rulings have come in to existence out of unprecedented issues. Let the wife try and get the experience for the benefits or knowledge of many litigants. In nut shell I say that the laws in our country are fair sex biased laws so let there be an attempt. Moreover, when I support of the wife or husband there is no ruling cited by the experts then I ventured to answer. May be I am wrong but I like fishing in troubled water. Na meri haar nayi hai na meri jeet nai. If we lose we do not lose ,it is client and when we win it is not our win but client's. Winning or losing so where is embargo to bring new problem for solution?
P. Venu
(Expert) 19 December 2017
You have not posted the complete facts.
Sudhir Kumar, Advocate
(Expert) 29 January 2018
The querist has set question paper and the experts are sitting in the exam declaring each other a compartment case.
Let him ask what problem he/she is facing.
Ms.Usha Kapoor
(Expert) 07 February 2018
Agree with Vijay Raj Mahajan.
P. Venu
(Expert) 05 July 2018
Ms.Usha Kapoor:
Kindly spare us from valueless postings!
S.JEEVAGAN, Madurai.
(Expert) 27 November 2023
No. The divorced wife is not the legal heir of the divorced husband. She is, therefore, not entitled to any of his property or pension, etc. during life time of the husband or to anything including family pension after his death.
