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ratuldas   04 February 2015

Can my wife claim a share on my property during divorce or maintenence case?

Dear Sir/ Madam,

Can you please advice me if my wife can claim a part of the property as maintenance? Currently the property is registered in my name and it was bought by my father when I was twelve years old.

(My wife is working now and we don't have any children. We are married for three years. Currently we are living separately and we are heading for divorce.).

I would be very much thankful to the great soul who may consider replying to my queries.

Yours Faithfully

Ratul Das


 7 Replies

saravanan s (legal advisor)     04 February 2015

no she cant claim any share from your property during your lifetime if she lives with u.even if she got divorce from you its not possible because its your self aquired property.so she cant lay any claim on it.

1 Like

stanley (Freedom)     04 February 2015

 Being a self aquired property she does not have a claim on the same and neither will she get maintenance as she is a working women . Now who is filing for Divorce you or she and on what grounds is to be seen as and when the petition is filed .No point getting worked up about the same hence relax. 

1 Like

Adv k . mahesh (advocate)     05 February 2015

till date such bill is not passed as a wife has rights in husbands property 

but if divorce case is filed and she can ask for one time alimony to give her consent for divorce or else how many years the case will run cannot estimate 

as a working lady she is denied maintenance and if she hides then you have to produce the evidence of her working so gather all the information of her salary slip

and finally both have come to a stage to separate through divorce with no kids why not sit and discuss and go for MCD which is no tension and even completes the process within less then a year 

1 Like

swati (hhhhhh)     05 February 2015

Ratuldas..... even if wife is working and you earn more than her you might have to pay maintenance to her. 


See some of the links 




1 Like

Samir N (General Queries) (Business)     05 February 2015

Ratuldas, I do not think that we have any "great souls" around these days, let alone in this forum. However, let me answer your question as an ordinary mortal: There is absolutely no way that your wife can put in a claim on a property bought by your father when you were twelve years old. That said, properties do get entangled in matrimonial litigation indirectly.  If, for example, your property is revenue-generating and you default in your maintenance payment, then she can seek an attachment on the rent or some form of lien against the property to repay maintenance owed to her.  Any liens or injunctions from selling the property can be burdensome but do not entail giving of ownership rights to her. Many advocates fail to explain to their clients on the difference between ownership rights, right to residence and getting properties attached for failure to pay maintenance. Wives are not entitled to ownership rights, period. Many husbands are ill-advised to transfer their properties to their brother, sister, etc. to escape the clutches of wives' demand. That is the worst advice that an advocate can give to his client.

Of course, if the wife has contributed to the purchase of the property and can prove it or if the property is jointly owned by the couple, then we are dealing with a whole different scenario but that is not the case with your property.

So, relax... enjoy your property... pay your wife a fair share for her maintenance... but no more. Simple? Of course a great soul may advice you differently, like giving away everything you own to your wife. So I suggest that you stay away from "great souls." 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 February 2015

Repeated Query.




Shonee Kapoor


BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     08 July 2015

No she can not claim your property she only can claim maintenance or alimony nothing ealse 

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