LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

KK (asdasda)     05 April 2014

Wife's claim on husbands self earned wealth before marraige.

Sirs,

In the event of a divorce, is there any claim the wife can make on a husbands self earned wealth that was earned before the marraige? I don't mean inherited property or jointly held property. I mean things like property/shares/bonds/bank balance earned by husband before marraige.  

Thanks,

KK

 

 



Learning

 10 Replies

Gautam Kapoor (IT professional Studying Law)     05 April 2014

@KK - You will be entitled  to miantenance.

DV Act Buster (CEO)     05 April 2014

Wife cant claim anything except maintenance. Depending on case to case the court may grant maintenance or alimony to deserving wife based on husband's financial status.

KK (asdasda)     05 April 2014

Gautam, 

Thanks for the response. But not sure I understand. Do you mean, the wife has no claim over husbands self earned wealth post the divorce? Do you mean her claim is limited to maintainance?

Thanks,

KK

Kumar Doab (FIN)     05 April 2014

Marriage Law’s (Amendment) Bill 2010 has not been passed by both houses and has not received the assent of the President. It remains a Bill and has not become a law.

During divorce wife can file for maintenance, alimony and court can grant it, looking into the properties acquired by husband after marriage.

After marriage woman becomes ClassI legal heir of her husband.

However husband can give away any of his estate to anyone during his life time, as he pleases.  

 

After the divorce; NO, wife is no more a legal heir and does not have any claim.

Gautam Kapoor (IT professional Studying Law)     05 April 2014

any financial relief that is to be provided is my maintenance OR residental relief via DV.

KK (asdasda)     06 April 2014

Thanks all for your responses! 

Thats is clear. 

Gautam, what do you mean by residential relief? If husband purchased a flat,  in a short period after the marraige, out of money that he had earned before the marraige and bank loan, Does resedential relief mean, she has a right to stay in it, but can't claim ownership over it? Am I right in understanding this?

Or is it that, she has claim in that property alone?

DV Act Buster (CEO)     06 April 2014

Google "Dv Act + Right to Residence" for more info on the same & read various posts with similar subject on this forum.

Gautam Kapoor (IT professional Studying Law)     06 April 2014

in a different vein I'm TOTALLY surprised that you are only interested/binging only on you husbands earnings..bonds.. shares and his personal holdings...did this compel you to marry him in the first place...and divorce him at a later stage.Please remember marriage is not a financial institution to be encashed at the time of divorce.If you are proved wrong not only you will lose you husband but also his anticipated wealth.

harish (manager)     09 April 2014

Gautam , it is absolutely clear that the relation between husband and wife is not working and now the wife wants to take advantage by abusing the law . Let me make i clear ma'am , u do not have any rights on the ownership whether the property was aquired before or after marriage whether ur father sahab has funded in that property or not , so it is always important to save ur marriage as any of the 498 or dv sufferer whom u will wish to remarry is not gonna spare u , believe it or not - pyaar se sab kuch hai

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     09 April 2014

STRATEGIES TO FIGHT AGAINST

GENDER BIASED LAWS AND SYSTEM.

In one District alone of MP 4500 harassed  husbands have left homes and to live like sadhus than to face the rigours of legal system.

 

In UK  latest survey shows that more that 51% youth prefer to avoid regular married life due to harsh liabilities of married life.

 

WE HAVE DUPLICATED LAWS FROM WEST WHO HAVE ABUNDANCE OF INCOMES , JOBS  AND STATE CARE.

 

 But in our country woman groups supposed to be emancipated but never faced regular family life have succeeded  in making harsh laws which are biased against regular fabric of a family. In this manner we are destroying  normal family culture .

 

Twin  track methods have to be used to fight the epidemic of gender biased laws.

 

1)     First is to fight legally in proper and coordinated manner cases in courts.

 

2)     Second there should be systematic pressure on law makers by creating public awareness to change the laws and legal system.

 

WE ARE THERE TO HELP TO ACHIEVE BOTH THESE OBJECTIVES IN BEST POSSiBLE MANNER.         sardarsena@gmailcom

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register