Divorce
BHAVESH Y KAYASTHA
(Querist) 31 January 2016
This query is : Resolved
if couples got married just before one month and if they want to take divorce how it can be possible.
moreover in what property wife can ask for his share in her husband property. wife can ask for share in husband property in his heritated (ancestral) property if yes upto how much extent. what is the excat rules for wife share in husband property. wife can ask share in both moveable and immovable property of husnband. wife also can ask for maintenance from his husbands employee provident fund and public provident fund accounts.how husband can save his property from his wife share because if wife is asking for wrong demand.
Devajyoti Barman
(Expert) 31 January 2016
Before expiry of one year from the date of marriage no mutual divorce is possible.
The wife however can file case for maintenance but no share in the propriety of husband.
She can nevertheless ask for residence in the property of husband.
Raj Kumar Makkad
(Expert) 31 January 2016
Divorce petition from either side cannot be filed before the expiry of one year from the date of marriage and thereafter also if divorce is granted, the wife shall be entitled for the grant of alimony as assessed by the court keeping in view the status of the parties, however, there is no legal right of the wife to claim ancestral properties of the husband may those be movable or immovable.
R.K Nanda
(Expert) 01 February 2016
agree with experts.
BHAVESH Y KAYASTHA
(Querist) 01 February 2016
thanks for guidance but there is one amendement called hindu marriage amendment in 2012 has been passed by rajya sabha in it there is a provision for wife share in husband property movable and immovable both. on the basis of this wife can ask for his share in her husband ancestral property or self earned property whether it is movable or immovable and obtained by husband before marriage or after marriage. in any way wife can ask his share in husband's moveable property and immovable property if couple gets decree from court for devorce
