wife share in husband’s property in India.

Rajya Sabha passes bill, wife to get share from husband’s inherited property after divorce.

The Marriage Laws (Amendment) Bill seeks to empower the courts to decide the compensation amount from the husband’s inherited and inheritable property for the wife and children once the marriage legally ends.

The Bill allows both parties to file for divorce on the ground of “irretrievable breakdown” of marriage. Both parties have to live apart for at least three years before filing for such a petition.

Provisions have been made to restrict grant of a decree of divorce on ground of “irretrievable breakdown” of marriage if the court is satisfied that adequate provision for maintenance of children has not been made consistently with financial capacity of the parties to the marriage.

Also, the wife has the right to oppose the grant of a divorce on the ground that the dissolution could result in grave financial hardship.

While the bill has a provision for share in a husband’s self-acquired property, a new clause, 13F, was discussed by the GoM, headed by defence minister A K Antony.

“As per new Divorce law, Wife share in property would be 50% in all her husband’s residential properties, no matter what and in other properties, her share will be decided as per the court decision.”
Wife share in property owned by husband would be 50%
Earlier, before this change – a woman was entitled for a share in husband’s properties, but there was no quantum defined as per law, it would be any percentage depending on the case, but now with this suggested change, women will enjoy equal sharing without any condition in all the residential properties owned by husband. But in this case, women will have to specifically apply for her share, she should be aware about this law about “50% share”.

A major change in this amendment is that this rule is applicable to all the properties of the husband acquired before and after the marriage, whereas as the earlier law made sure that the wife gets share only in those properties which are acquired by husband only after marriage. Now men stand to lose on these front, in-case things go sour with wife.

The Hindu Marriage Act, 1955 also provide for settlement of property jointly owned by both parties which they were presented to them at the time of marriage.

The Hindu Succession Act, 1956 provides for one share of the self acquired property of the husband to the wife as his widow that is after his death not during his lifetime and this too with a condition that the Hindu husband dies intestate that is without leaving a Will.

The Hindu Adoption and Maintenance Act, 1956 also provides for the Hindu wife to claim monthly maintenance from her husband if she has no source of income for herself to maintain herself.

Section 125 of the Criminal Procedure Code provides for monthly maintenance to wives (irrespective of their religion) from their husband if they have no source of income or mean to maintain themselves.

The Wife can seek not only right to monthly maintenance against the husband but even enforce her right to residence against him under the Protection of women from domestic violence Act,2005.