Gouri (accountant) 11 May 2011

can wife get 50% property share in divorce

hi,

I got merried in 6/6/2006 last 6/05/2011 i completed 5 years of marriage. in my love marriage. last 5 years my husband cannot spend single 1 rs. on me or my 3 years daughter. and he lived with his parents in village. & i lived with my mom & dad. he was unemployed. actually he was only one son of his parents so, he didn't work.

get cash easily with me every month he get 10,000 from me. in month he come to me for 3-4 days in time of my salary only. then after he go to his parants.& harrasing .abusing, beating me every time when he come to me.

& his parents are orthodox. they think ledigs are only for usage. nobody support me in their family. now i am fedup with all this I hv divorce. I am employee of private fime. there was no job security. So, I hv my 10 tola gold back which they sold for purchase of shop in mall. & 50 % of his whole property.

can I get it?

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2 Replies

Gouri (accountant) 11 May 2011

hi,

I got merried in 6/6/2006 last 6/05/2011 I completed 5 years of marriage. in my love marriage. last 5 years my husband cannot spend single 1 rs. on me or my 3 years daughter. and he lived with his parents in village. & I lived with my mom & dad. he was unemployed. actually he was only one son of his parents so, he didn't work.

& his parents are orthodox. they think women are only for usage. nobody support me in their family. now I am fedup with all this I hv divorce. I am employee of private fime. there was no job security. So, I hv my 10 tola gold back which they sold for purchase of shop in mall. & 50 % of his whole property.

can I get it?

Tajobsindia (Senior Partner ) 11 May 2011

@ Author

1. You may file civil application for return of 10 Tola Gold and if I am not wrong then in 2006 it was valued at roughly 90 K ! But I could not get the relevance of title of post and the question ? Is it that you are asking us how to get back your stridhan OR you are planning to file for Divorce on post expressed grounds and seeking for 50% property share from husband property ?

2. In first scenario advise is given how to get back your stridhan. For second scenario a Hindu wife is not entitled for property share of husband and for the same the Amendment in Family Law is on hold.

3. However since he is un-employed and you are employed so you will not get any maint. for yourself if any nature of maint. cases filed by you. Further, he may not even be asked to pay maint. to your child as he is un-employed according to your brief and during subsisting marriage you were supporting the family fuel by giving him 10 K PM so it may end up as a a tricky maint. situation in case divorce may be filed first by you. Think about it as in-chamber discussion with a Ld. Advocate and act accordingly keeping best interest of child and yourself.