Maintenance and share in property

In case there is a divorce, what are the rights of the wife for maintenance when the husband is working free lance and claims that he has very little income. If the wife is working, he may even claim that she earns more than him and should pay reverse maintenance.

what are the rights of a wife in the matrimonial house which is in the names of the parents of the husband. also her rights in other matrimonial properties.

what are the rights of the children of the divorced couple in the property of the parents of the husband.



Reply Mumbai : 9820174108

1. You, your Wife, your Children, do NOT any type of inherent right in your Parents Property, without any exceptions.

2. You are not liable to pay maintenance to wife, IF wife is earning more than you.

Keep Smiling .... Hemant Agarwal 

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wife has statutory right to seek maintenance from her husband irrespective of the fact that whether she is an earning individual or not  

She is not entitlement in husband's parents property

Children have rights 


Earning wife is also entitled to claim maintenance from her husband if her earning is not sufficient to maintain her.Divorcee wife can not claim share in her husband's property.


Please seek a conference with an Advocate.

Lawyer in Hyderabad.wats app no.9989324294

This is most evident in the cases of “maintenance pursuant to separation or divorce”. The last decade had witnessed a rapid growth in cases of divorce and separation. Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc. These laws provide that the benefit can be claimed by women even prior to divorce during separation. Her claim for maintenance is also extendable to her minor children. These laws carry general exemption that a woman will no longer be entitled for any maintenance in instance of remarriage or if they get converted to another religion.

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Wife is earning so she is not entitle for any maintenance. Further wife will not have any right in the property of her husband during or after him as she is already divorced. However children will have share in the property after their father's death. 

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