the property owned by husband is before marriage or after marriage even it is taken on loan you are born to give 50 % share to you beloved wife after divorce this amendment was passed on 2010
“The Marriage Law’s (Amendment) Bill 2010” was passed in Rajya Sabha which has made some major changes in the women rights on how the properties would be divided after divorce.
The bill talks about only the division of Husband Properties, but not wife’s properties. So in-case women is at fault, still she will get 50% share in husband property, but her share of property will not be divided.
A major disappointment for men in this bill is that, even the “person at fault” can apply for getting the share of property, and the other party will have to respond to it. Generally as per old law’s when mutual consent was not there, the victim applies for the property share and the person who is the “bad person” has to respond to it. Now with his law change, wife can seek a divorce and ask for share in property.
If wife and husband are living apart from many years, a wife can oppose the divorce on the grounds of financial hardship, but men can not! . This is called Irretrievable breakdown of marriage
There are concern’s raised like this law will encourage more divorce’s are women can get hold of property easily for sure.
In case of divorce, Woman will have 50% share in the residential property of a man
The wife will have to take the initiative of seeking her share in such cases.
Women and children will also have rights in the other assets of man, which will be decided by court
It does not matter if the property was acquired by before or after the marriage