Ancestral property rights of wife

R K........ (Analyst) 26 August 2013

This is not for old cases. This will be applicable for new cases only and the duration of marriage should be more than 2 years This has to be first passed in Lok Sabha and then its fine print will come. After that it will be clear which all people will be eligible for claiming this

(Guest)

GAON BASA NAHIN BHIKHARI PEHLE AA GAYE.....

(Village not established yet and Beggars reached earlier)

haaaaaaaaa

1 Like

A Blank Diary of Life (MD) 26 August 2013

Rekhaji....abhi tak kayda bana nahi hein. Sirf bill hi pass huva hein....jara line lag jaiye. Aapka bhi number ayega..

sandykrish (Interested in Family LAW) 27 August 2013

MRS Rekha Gupta, you look like another Anara Gupta in the making. First concentrate on winning the Divorce case first, prove that you have not meted any mental cruelty first then look at his property next. Paisa Ke liye kuch bhi kartheho?

You want the tag of your husband in front of so called society and aim for his property in the long run. If you have some self respect for yourself start earning money and take care of yourself and that will be like taking his slipper and slapping for himself.

False cases cannot survive in court for long time, there is say in English " Justice can be delayed but it can't be denied" please make this statement rolled up in your mind.

rekha gupta (freelancer) 27 August 2013

i totally agree with justice delayed but not justice denied.

i am not after their money in fact they were after my and my parents money.

secondly this fight is for basic rights that to after ten years of suffering in marriage.

if those people have no morals left while throwing me out of the house midnight and my so called husband in keeping keep and drinking,

so please , dont pass any personal comments if you havent gone through the other person sufferings.

morever, self respect ki baat nahi hai, other side has to realize their misdeeds.

morals to mere in laws ke bhi nahi hai jo paise ke liye apne son ki second marriage chahte hai.

rekha gupta (freelancer) 27 August 2013

wife beggar nahi hoti she has rights.

fighting back (exec) 27 August 2013

@no wife no tension...........hehehehe........great reply.....

railway station bana nahi........aur coolie aa gaye.........................haaaaaaaaaaaaaaa

(Guest)

wife beggar nahi hoti she has rights to beg... So they are called as legal begger.... ....hahahahahahahahahhahahahahahahahahaha

fighting back (exec) 27 August 2013

sarkar ne inke haathon me aur ek katori di hai legally bheek mangkar aur baadme cheenkar lene ke liye.............kaannooon bana nahi ke lag gaye line me, this is because of you such ladies that the matrimonial system is in tatters............you should be ashamed

1 Like

Adv. Chandrasekhar (Advocate) 27 August 2013

Bare reading of the amendments gives glimpse of what is law, but the interpretation by higher courts settles the law. So, any deep interpretation of amendments is adventurous, but prima-facie opinion can be formed. Before looking into amendments, it is beneficial to re-read Section 25 of the HMA, which talks of permanent alimony.

"Section 25 in The Hindu Marriage Act, 1955

25. Permanent alimony and maintenance.

(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 1[ pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent' s own income and other property, if any, the income and other property of the applicant, 2[ the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub- section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the court is satisfied that the party in whose favour an order has been made under this section has re- married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had s*xual intercourse with any woman outside wedlock, 2[ it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just]."

Now, in your case, the divorce petition filed by the husband is on the ground of "mental cruelty"-which is very difficult to prove in Indian Courts. So, he will prolong the litigation and once the mandatory "three year period" separation happens as required under new law, he will modify his petition under new amended provision and will seek divorce on the ground of "IRBM". Then, obviouslly the maintenance part that is laid down in the amendment Act will be applicable in your case. If you read Section 25 quoted above, there is also oblique referrence about that while quantifying the permanent alimony to the wife, the court has to take into account of the properties of the petitioner husband. The courts have not strictly taken this language and that is why, the pea-nuts are given to the divorced woman along with the divorce decree in the name of permanent alimony. But, after this amendment, the compensation (read permanent alimony) has been specifically emphasised for granting divorce on IRBM, the courts have to take into account of husband's self acquired and inheritable properties and movable assets while granting permanent alimony.

While seeking the permanent alimony by the divorcee wife in a new amended law, she must take the following precautios:

1. File the complete list of immoval properties of the husband-self acquired, inherited and inheritable, at the final stage of the case. In India, always the registered value of the property is so less comparing to the market value. Hence, after filing the details of the properties obtained through Right to Information Act, the wife has to lead the evidence in respect of market value by bringing two to three property dealers of the area. If the property is in mega cities, the market value is available on web-sites and they can be relied.

2. file the list of movable assets and their present value after depreciating the value.

Finally, it is important to note that in matrimonial disputes, quite often the parents of the husband disown the son. Disowning is a procedure not recognized by the courts. So, this factor will not be taken into consideration while granting maintenance under new amendments. It is also not a new feature not just in India but through out the world, when the squibbles, skirmishes start as a prelude before filing the divorce petition, husbands gift away, sell out the properties, which are in their names. Such transactions of tranfer of property are being taken into consideration in some foreign countries and it is believed that Indian courts also will follow suit, if such trends of foreign courts are brought into the notice of Indian courts.

In your case, if you put up the details of ancestral properties of UP before Jaipur Courts, they have to take into consideration of them either under Section 25 of the Act or in amendment Act.

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R K........ (Analyst) 27 August 2013

I have two questions

Has this already been passed in Lok Sabha or its still pending ?

Will this be applicable for ongoing cases also or only new cases ?

Adv. Chandrasekhar (Advocate) 27 August 2013

Has this already been passed in Lok Sabha or its still pending ? It is yet to be passed by Lok Sabha. Will this be applicable for ongoing cases also or only new cases ? Once this bill becomes Act, if the petitioner intends to take advantage of the amendment Act to get divorce and if he fulfills 3 years separation, he can move application seeking divorce on IRBM ground. In my opinion, subject to judicial scrutiny, that once the Act comes into force, even while granting the divorce on other grounds than IRBM, i.e., cruelty etc. Section 25 will be read liberally keeping in view of the provisions related to compensation in amendment Act.

fighting back (exec) 29 August 2013

@all...........and what do you all think? the husband will just keep quiet and see his hard earned assets go away.........never......he will appeal in the high court, and move the hon. SC, in case the husband has assets that have a significant value....and moving in the journey from the trial court to the high court to the supreme court............the long and tiring journey will take years and years to reach to a conclusion until then the wife has to wait wait wait wait wait wait wait wiat.........to 'see' that light of justice being given to her...by that time she will surely reach 50+ and just when some bits and pieces of property falls in her hands.......and when just she was about to enjoy that 'legal' bheek that was given to her by our great legal system.........she will be readying to step in the grave due to old age...........toh kya woh aapne kafan ke saath do pocket bhi leke aayegi kya........property pocket me bhar ke upar le jaane ko........

the greed will eventually lead her to the grave.

everything looks very green green on peice of papers and news channels...but the harsh reality is that the years and years of waiting will take away all her youth and she will carry all the property to her grave////

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