Questions Legal

Can the wife claim the husband's property after divorce in India?


Vani Asok

Sane and sound

Marriage is a unique bond between two people, which is owned by legal laws as well. In India,  you won’t be deemed married or given any privileges of marriage until it is legally registered. But the separation of two people bonded by marriage is even more legally critical and sensitive. Under the 2019 survey, the divorce rate of India was calculated as 1% of the Indian population. That is, out of every 100 marriages, one is getting divorced. Indian constitution address a woman with several rights and privileges after her divorce. Some of the rights are

Rights of a woman in a divorce

  1. Maintenance right 

  2. Child custody right

  3. Right to property

Property rights when couples apply for divorce

As per the existing divorce laws, a woman doesn’t have any right or claim over the property of the husband. Because by the approval of divorce, both husband and wife are separated, being viable to marry someone else. But the wife has the right of maintenance in which she can demand maintenance money from husband depending on his income. The husband has to keep ensuring maintenance allowance equal to his expenditure until she is married to someone else. But not all divorced wife has the fortune of receiving maintenance allowance. A wife who is working and who is earning to maintain herself doesn’t have the right to seek maintenance from the husband.

Will the wife still have claim over properties if she was abandoned by her husband?

 If the wife is abandoned or left by the husband, the wife and children can claim the properties of the husband. Even if the husband is married or related to any other woman, the law will only give preference to the legal wife and children. But the second wife and children can claim the property division of father. Once the first wife and children had claimed over the property, only one-fourth of the entire property is assigned to the husband. So the second wife and kids get to claim over that portion.

What if the wife has a share in his property?

Ther are many cases in which the wife and husband might be pooling some of the properties, or she might be possessing property or assets on her own. Under such circumstances, the wife has the complete right to demand her share and properties before or after marriage. He can’t ask her to move away from the residence in which she has a share. The husband is bound to approve her demand, considering the government laws. He has no right to case file against it or request for not clearing her property rights.

What about the belongings of the wife after divorce?

 Once the divorce is completed, a woman has sole ownership of her own possessions. This could be her jewelry, money, Fixed deposits, Insurance policies, or anything that falls under her ownership. Even if this under the capture of mother in law, husband, or any other relatives, it must be provided to her without any bidding on it.

Indian laws give a woman the right to everything she justifies. They are entitled to be preserved, respected, and granted maintenance under certain circumstances.

Item added successfully. Go to cart for checkout.
Accept Reject