Does Wife can claim share of husband's property on divorce?

[arne33]

It is an Indian case. Parties are Hindus. Husband is a lawyer and author of several law books. Wife is B.Com., discontinued. Husband started a book publication concern in her name by investing his money and he published 4 law books through that concern. Now wife filed divorce petition against the husband where she pleads that she worked along with her husband and husband purchased properties in his name. Husband has immovable property in his name as his self acquired property purchased out of his personal income. She says that she managed the day to day affairs of the concern by raising bills, invoices, attended phone calls and clients. But the publication concern started in wife's name went in loss. At the same time she admits that she has no knowledge in law to publish law books. Now the question is whether her claim over the husband's self acquired property is sustainable on the foot that she also contributed to the profession or work of the husband?

[sylvester37]

Look as far the legal position under the Hindu Marriage Act,1955 under which Petition for divorce filled by the wife,she can claim for maintenance during the pendency of court proceedings as well Permanent Alimony and maintenance on or after the finalisation of divorce proceedings.
She can even seek share in the property which they both got at the time of marriage or they had made any property being in their joint name.
Under the provisions of the Protection of the Women from the Domestic Violence Act,2005 she can seek right to residency against the husband if she has no place to live after getting separated or divorced from him till she can get the same by herself or by virtue of her remarriage after the dissolution of the present marriage by decree of divorce.

In your case the wife seek share in the immovable property which is the self acquired property of the husband, the same being purchased by him through his professional income and law book publication business in the name of the wife and which otherwise shows losses.

In such circumstance although the wife being a faithful spouse dedicated her life to the husband and helped him both in his profession as well his law publication business, her contribution cannot be totally ignored.
At the same time she has sought divorce from the husband and it is not the other way round or divorce by mutual consent being sought jointly by both when a settlement for divorce could be on the basis of good financial compensation for the wife.

What I feel best for all purpose the Family Court by itself cannot allow her share in the immovable property of the husband even allow her unless she lives there and allow her to continue doing so even after the divorce or he is made to provide any other place of residence with all necessary items of comfort for her that she has been using during her marital life with him.
What the maximum financial relief that she can be granted to her by way of financial compensation to her for all her hard work and contribution in the profession and business of the husband as well allow her reasonable amount of Permanent Alimony and maintenance while granted decree of divorce to her.

[cuartio52]

Look as far the legal position under the Hindu Marriage Act,1955 under which Petition for divorce filled by the wife,she can claim for maintenance during the pendency of court proceedings as well Permanent Alimony and maintenance on or after the finalisation of divorce proceedings.
She can even seek share in the property which they both got at the time of marriage or they had made any property being in their joint name.
Under the provisions of the Protection of the Women from the Domestic Violence Act,2005 she can seek right to residency against the husband if she has no place to live after getting separated or divorced from him till she can get the same by herself or by virtue of her remarriage after the dissolution of the present marriage by decree of divorce.

In your case the wife seek share in the immovable property which is the self acquired property of the husband, the same being purchased by him through his professional income and law book publication business in the name of the wife and which otherwise shows losses.

In such circumstance although the wife being a faithful spouse dedicated her life to the husband and helped him both in his profession as well his law publication business, her contribution cannot be totally ignored.
At the same time she has sought divorce from the husband and it is not the other way round or divorce by mutual consent being sought jointly by both when a settlement for divorce could be on the basis of good financial compensation for the wife.

What I feel best for all purpose the Family Court by itself cannot allow her share in the immovable property of the husband even allow her unless she lives there and allow her to continue doing so even after the divorce or he is made to provide any other place of residence with all necessary items of comfort for her that she has been using during her marital life with him.
What the maximum financial relief that she can be granted to her by way of financial compensation to her for all her hard work and contribution in the profession and business of the husband as well allow her reasonable amount of Permanent Alimony and maintenance while granted decree of divorce to her.

Most probably your handling might have contributed to the Loss in Business. In view of this your claim you worked along with your husband and purchased properties in his name will not stand, since the Royalty is the intellectual property of your qualified husband.

If your husband is lucky enough to be a good Lawyer or able to get a good lawyer, please note that you will not only be loosing your property purchased out of your husband's earnings, but also you will have to shell one third of your income from business towards maintenance/compensation to your husband You don't want him but want to keep the property purchased out of his hard earnings.Good policy. Try to settle the issue amicably and most probably he might waive his claim out of compassion.

[laureano97]

Look as far the legal position under the Hindu Marriage Act,1955 under which Petition for divorce filled by the wife,she can claim for maintenance during the pendency of court proceedings as well Permanent Alimony and maintenance on or after the finalisation of divorce proceedings.
She can even seek share in the property which they both got at the time of marriage or they had made any property being in their joint name.
Under the provisions of the Protection of the Women from the Domestic Violence Act,2005 she can seek right to residency against the husband if she has no place to live after getting separated or divorced from him till she can get the same by herself or by virtue of her remarriage after the dissolution of the present marriage by decree of divorce.

In your case the wife seek share in the immovable property which is the self acquired property of the husband, the same being purchased by him through his professional income and law book publication business in the name of the wife and which otherwise shows losses.

In such circumstance although the wife being a faithful spouse dedicated her life to the husband and helped him both in his profession as well his law publication business, her contribution cannot be totally ignored.
At the same time she has sought divorce from the husband and it is not the other way round or divorce by mutual consent being sought jointly by both when a settlement for divorce could be on the basis of good financial compensation for the wife.

What I feel best for all purpose the Family Court by itself cannot allow her share in the immovable property of the husband even allow her unless she lives there and allow her to continue doing so even after the divorce or he is made to provide any other place of residence with all necessary items of comfort for her that she has been using during her marital life with him.
What the maximum financial relief that she can be granted to her by way of financial compensation to her for all her hard work and contribution in the profession and business of the husband as well allow her reasonable amount of Permanent Alimony and maintenance while granted decree of divorce to her.

Most probably your handling might have contributed to the Loss in Business. In view of this your claim you worked along with your husband and purchased properties in his name will not stand, since the Royalty is the intellectual property of your qualified husband.

If your husband is lucky enough to be a good Lawyer or able to get a good lawyer, please note that you will not only be loosing your property purchased out of your husband's earnings, but also you will have to shell one third of your income from business towards maintenance/compensation to your husband You don't want him but want to keep the property purchased out of his hard earnings.Good policy. Try to settle the issue amicably and most probably he might waive his claim out of compassion.

Not sure how Indian law works, but in the US, that same situation, depending upon length of marriage and whether or not there's a prenuptual agreement, etc, but usually even if the wife has NOTHING to do with it, if it was something he bought while married, she's entitled to half of it. But like I said indian law may be a bit different than ours.

[adin55]

yes sir a married hindu wife has every right to demand her share in his husband"s property that is money ornaments and also land property.