Introduction
Divorce is the legal termination of marriage and it can be attained through the court. Emotionally it is exhausting for both partners to go through the process of divorce. The task becomes more complicated by legal settlements such as alimony, maintenance and property. A couple may live separately but be financially stable while married but after the marriage is dissolved it is a different ball game entirely. Property rights are those rights vested in an individual that enables one to acquire property, possess it, sell it and transfer it, receive rent for it, keep one’s salary, enter into contracts and sue.
wife’s property rights after divorce when the property is registered in her husband’s name:
When getting a mutual divorce, if the property is registered in the name of the husband then as far as the law is concerned the wife has no claim over the property.
As per the provision of the Registration Act, of 1908, the property belongs to the person whose name is registered on the property. As for the bank, it is the property of the person, under whose name the loan has been issued, and who has to repay the loan Instalments.
If a wife was not ever a breadwinner and contributed towards the construction of a house, the husband cannot eject her from the house unless and until she is legally dismissed by a court of law. She has every right to remain within the house until the time they annul the marriage through a court of law. A wife is allowed to go to court demanding maintenance and living expenses for herself and her children after divorce but she cannot claim the property under this regime.
For example: According to the current laws, if a husband acquires an apartment after marriage and registers it in his name, the wife has no share in that apartment as a marital home during or even after the dissolution of the marriage. He remains fully legally entitled to all property.
However, if the wife provided financial contribution in the buy of the apartment but the apartment is registered in the husband’s name alone the wife can force her way by presenting financial records like bank statements among other documents to prove her contribution.
Rights of property for wife after divorce in a joint property:
If a couple buys property in joint tenancy, the wife is allowed to get a share during the process of divorce if both contribute financially. The court calculates the proportion of fifty per cent while allocating her share depending on the proven contributions. Account statements or payment records are essential to support such rights.
If the property is jointly owned, the wife can stay with the property till divorce and division of property as held in the case of Satish Ahuja v. Sneha Ahuja (2020) by the Supreme Court. The court found out that a wife has a right to residence irrespective of whether the property belongs to the husband or his parents. To better understand your legal rights in such matters, consulting a divorce advocate in bangalore can provide you with expert advice and ensure your interests are protected.
Either party can start the process of property division and the person, who will be given the property, must pay the other party a reasonable price equivalent to the property market price. This can happen before or even during the divorce process.
Section 27 of the Hindu Marriage Act, 1956:
This provision enables the court to deal with issues to do with property that is brought to the marriage as marital property. However, the properties that are acquired after marriage by either of the partners are not covered by the act.
The Section states that to be allowed to apply for relief, the application must be made before the cases are closed.
For this Section, an application must be filed before the final hearing and determination of the divorce matter.
Where spouses have reached a mutual agreement regarding the property in dispute then the agreement can be formalized before the court.
Judicial Interpretations:
- Kampta Prasad v. Omwati (1971): The Allahabad High Court noted that the power that the court possesses under this provision cannot be taken to be unrestricted to all property disputes.
- Satya Pal v. Sushila (1983): The court also held that an application under this Section by a wife to recover personal effects, such as jewellery, from the husband was unsustainable, which defines the limited applicability of this Section.
They highlight the importance of accurate legal analysis and individual strategies when addressing property issues in a divorce process.
The Rights of a Wife if the Husband Leaves Her without a Divorce:
- Claim Over Husband’s Property: The wife and her children can approach legal authorities to gain a share in the husband’s property such as an ancestral property of the family.
Competing Claims: In case the husband has offspring from another woman, they can only demand their share from the husband’s share of the property. - Legal Marriage Clause: The children of the second wife can have rights only in the context of the marriage which took place after the dissolution of the first marriage on legal grounds.
In Khadal v. In Hulash (1989), the court held that when a wife has left her husband’s home, abandonment will qualify her for maintenance under Section 24 of the Hindu Marriage Act, 1955, if she could not earn her livelihood.
Legal Protection of Wife’s Property Rights of Movable Property upon Divorce
- Stridhan: The things given to a woman at the time of marriage such as jewels, cash etc are absolute property of the woman under section 14 of the Hindu SUCCESSION ACT 1956. Such property is fully under her control.
- Joint Gifts: If the husband did contribute in any way towards the purchase of the gifts he may seek a share in them in case of a divorce.
- Partition Property: After the Hindu Succession Act, the property received during the time of partition is considered an absolute property or Stridhan.
Wife’s Property Rights to Husband Property Before Divorce:
- Right to Residence: Protected by the personal laws and affirmed in B.P. Achala Anand v. S. Appi Reddy (2005).
- Right to Maintenance: Comprises accommodation in another place if required because of the behaviour or lack of desire to support the husband by the husband.
- Insurance Claims: If the husband and wife are not separated legally then the wife can get insurance benefits in case the husband dies.
But if the husband disinherits the wife, the latter cannot take the husband’s property without embracing the laws of inheritance.
Knowledge about these rights is useful in prevention as well as in the process of solving conflicts, especially in the case of divorce when couples have to distribute property.
