Property claim after divorce

Once mutual divorce is obtained without claiming any further amount or property by both the sides,  no claim can be entertained  and hence  void.

Adv. Jeevan Patil

Once mutual divorce is obtained without claiming any further amount or property by both the sides,  no claim can be entertained  and hence  void.

Adv. Jeevan Patil

If divorce is of mutual consent, from nobody can be claimed.  However, divorce applied by wife, can claim from both husband as well as from parents 

In most cases in India, the fulcrum of divorce litigation is alimony, while in other countries its division of property; mostly in developed countries. This may be as a result of economic independence of women in such countries. It is seen that in developed countries alimony is made available mostly in cases involving wealthy couples or old couples who are ending long marriages.

Whereas in India the alimony is decided on the basis of income and background of the couple. In few cases, alimony paid to the wife is based on the standard of living enjoyed by the couple while married. There is no fixed parameter for deciding the amount of alimony to be provided, law on this aspect is still developing, and it is mostly based on cases and orders already passed and taking into consideration the facts of the case to be decided.

As far as the issue of division of property is concerned, the same is primarily decided on the facts of each case and for this principles of equity are used. This is required because our law is not clear on the concept of common matrimonial property. It is deemed that a property in India belongs to the person in whose name it is bought, even if it has been acquired during the course of marriage. Hence, even if a wife pays for some property and it is in the name of her husband, there is no way to prove during divorce proceedings that it rightfully belongs to her unless the wife produces evidence that she had paid for the said property.

So remain cool as she can neither claim your's  or your  parents property .