giggy 26 02 October 2018

rights of wife

Wife left her lucrative job to bring up husband's children from his previous marriage. Children got well settled. Now husband openly involves in concealed and old illicit relations leaving wife at nowhere. What should now wife do at old age. What are her rights in his property for her economic security.

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Vijay Raj Mahajan (Advocate) 02 October 2018

Wife has right to claim maintenance and place of residence from the husband during his lifetime. The right or share in the property or estate of husband exists for the wife only after his death if he dies intestate namely without making a Will for the same otherwise if he make a Will or any such testamentary document in favor of someone else than his wife and children, then the wife will not get anything in his property or estate. This General law of inheritance but will depend on the religion of the parties too which has not been disclosed here.

Adv Deepak Joshi +917017821512 (Advocate) 02 October 2018

Dear querist,

She is entitled for maintenance as per the financial status of the husband.

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

giggy 26 02 October 2018

If it so, then the law is not upto the mark for welfare of women for large. How can a man throw out his sacrificing dedicated wife for the other woman

giggy 26 02 October 2018

The law should be changed. Should consider the age and stage of wife. This is a case of marriage under HMA.

Vijay Raj Mahajan (Advocate) 02 October 2018

If law of land is not helping her to claim right or share in the property during the lifetime of the husband, than approach the legislature not lawyers forum for the amendment in the law, lawyers and judges are not the people to change law but to interpret the law.

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giggy 26 02 October 2018

Thanks sir.

giggy 26 02 October 2018

Sir, in that case for claiming maintenance and place, is it mandatory to file petition for divorce or not. What she should do. Her husband is owner of 4 or 5 crores. How much claim should she made.