Property rights of wife in divorce

@ Need Justice

Could you please explain the reason for that.. as per the law.

wife do not get any rights in the husbands property so you cannot claim a share in the property but in case a mutual settlement with regards to Alimony is agreed between you and your husband and if he agrees to give share in property then you can get it. 

There is no legal way to get it through court.

Please file a petition under domestic violence act, for your resdidence purpose,in your hsubands house, thats it, But you will not get the share in the property.

But yes, you can get permamnent alimony.

wish you good luck

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

Thanks for the reply.

I would also like to know if I can file for marriage annulment after 2 years of marriage (as the marriage is not consummated).

Would that be better than a divorce and what are the chances of getting it annulled in this case.

Priyanka has stated "Its been 2 years since I got married. The marriage wasn't consummated . We lived together for 9 months and get separated after that. Now my husband has filed for a divorce.

I'm a working woman earning at par with my husband. Can I claim a right in his property or demand alimony from him ?""

She has not alleged any cruelty or violence.

The advocate ""srishaila,advocate,bangalore,9741425514, sdharani120@gmail.com"" is indulging into creative litigation and wrongly advising priyanka. (good, we all know whom to beware of..) 

The misuse of the DV act is also due to wrong advise by such advocates who in order to seek Clients are indulging in the methods which earns a bad reputation to the entire fraternity.  

@ Prinyanka : incase if you do not want to continue with the marriage you can try to settle the issue by way of a)Mutual Consent Divorce, b) Or by filing your reply to the Divorce Petition filed by your husband under Hindu Marriage Act and

Incase if you want to conitnue with  your marriage and give it a chance you can file for Restitution of Conjugal Rights.

It is advisable to seek professional help of family psychologist. It will help the couples to know where they stand and what needs to be done in prevailing circumstances.

As for seeking rights in the husband's property, the same will be decided by Court only ON MERITS of the Case and not as per one's Wishes / Desire or filing of false case under DV Act.

Filing false case under DV act will do more harm then good to your case. 

the shortest and the best way is Mutual Divorce as otherwise its a long drawn process as for non consumation you would need to have reasons for the same if you say it was due to your husbands impotence then too it is hard to prove and annulment would also eat up many years like normal divorce.

At the end in nearly all cases its Mutual Divorce as contested divorce takes 7-8 years on an average as the orders are appelable in higher courts by any party aggrieved.

@ Sanjeev

Is there any way to file for marriage annulment by mutual consent so that it doesn't take long ?

no marriage annulment cannot be by mutual consent

Dear Priyana

if you want divorce from your husband then file a MCD and not contest the Divorce case filed by your husband, settle the matter amicably, if you want money or property then it is clear and settled law that wife can not claim maintenance or alimony if she is able to earn t/to maintain herself.

Feel Free to call

Priyanka, if the marriage is not consumated because of you then you should not take a penny from your husband.

Priyanka, if the marriage is not consumated because of you then you should not take a penny from your husband.

Define why you want money or property from husband?

Why husband has to pay you money or property? 

What is his fault?

Why he should be penalized?