They say marriage is an eternal bond, but for some couples, this bond may not last for a lifetime. They will have to go through the bitter divorce procedure. Often, the woman finds herself in an insecure position regarding her rights on her husband’s property after the divorce.
Does the wife have any claim on her husband’s property after her divorce?
The current answer to the question of whether a wife can claim her husband’s property after their divorce is no. In India, once the woman gets divorced from her husband, she loses all her rights on the property of her husband.
Some of you may argue that there was the Marriage Laws Amendment Bill, 2013, that aimed at making the law women-friendly. So, next, let us see what this act is and what is its current status.
Here are the details about The Marriage Laws Amendment Bill, 2013:
The Marriage Laws Amendment Bill, 2013, was proposed way back in the year 2010. According to this, the wife could claim half of the husband’s property (movable as well as immovable). This was irrespective of whether the property was possessed by the husband before the marriage or after the marriage.
This bill was approved in the Rajya Sabha in August 2013. However, the point to be noted is that this bill has now lapsed, and hence the wife can make no such claims.
So, what rights does the woman have?
If the wife has legally separated from her husband, then she has no right on her ex-husband’s property. This is as per the Hindu Marriage Act, 1955. But the wife can claim maintenance from her husband for her living. But if the wife enters a second marriage, then she cannot claim the maintenance from her 1st husband.
Also, if the husband enters into a second marriage, then the second wife will have right on the husband’s property, and the 1st wife will lose her claim. But the children of the 1st wife will have a claim in the father’s property.
What about the property that the wife received as Streedhan?
Streedhan is the property (movable and immovable) and gifts that the wife gets from the relatives at the time of her marriage. It must be noted that Section 27 of the Hindu Marriage Act, 1955, and Section 14 of the Hindu Succession Act protects the woman’s right on her Streedhan. She has the complete right on the same, and she can use it as she wants, she can sell it, or she can even gift it to whomsoever she wants to.
Many different aspects need to be considered in the case of divorce procedures, property rights, alimony, etc. It is better to seek advice from a legal expert who can explain all the pros and cons involved so that the woman can make a wise decision.
If you think divorce is the only way out to end the trouble in your marriage, then take assistance from a legal expert.
