LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Need Justice (manager)     08 July 2013

Property right of wife at the time of divorce

Dear experts/members


I have  filed a divorce, i dont have any property in my name, is my wife is eligible to claim on my parents/brothers property.

If yes then what would be the exemtion or measures i have to take to avoid this claim if she asked for that




 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

Your wife do not have any right over your parents' or brother's property.

1 Like

Need Justice (manager)     08 July 2013

Thnx Archana madam for ur valuable comment,

one more queryy iam having that if you have remember i had a word with u in this forum only regarding torture given by my wife & we didnt had an intercourse also in our 7 month married lyf, i have served a notice to her place but after that her parent are not coming to pick her up, iam taking meal outside, providing all the household things, vegitable daily needs to my wife via servant or office boy, we are staying separate also in a single house i.e. different rooms,

i have my first date in court is on 25th july, 2013, kindly suggest me what do to prove that my step which i have taken is right.



Adv k . mahesh (advocate)     08 July 2013

wife does not have any right in another name except his husband properties only she has right to claim her share and she can demand 

do not worry about the presence of respondent on that date try to convince the court on that date that you be given personal notice to servce them 

1 Like


Even wife do not have rights on properties of Husband. Only she can claim the residence but not share in property.

1 Like

Sachin 12345 (consultant)     08 July 2013

Dear Archana Madam.

I have a question about  protection of women from DV 2005, as per this does a women have right to claim for shelter , mediclaim,etc from the income of in laws and brother of her husbund.And when the  2005 will come into picture after proving she is actually a victim of 498A or she just need to go in court and file petition on anything she want ! I am harrased by all this stuff though bymy sis inlaw ..

My elder brother got married in in 19th May 2011 , I am working in Mumbai since 1st April 2011. I barely visit my home town.. twice in a year for 5-6 days. So can i file a case against her under act of defamation? Is it possible. I have joining letter as proof but do the court need my attendence to ..as i dont want my personal life to get involved in professinal things. 

Please suggest me the possible way out. 

Thanking you in anticipation.



Many Thanks

Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

@ which step?

step of filing of divorce or step of providing all the household things, vegetables to the wife thru servant/office boy while staying in a single house but in different rooms?


As regards filing of divorce argue the case properly on the facts to be mentioned in details.


At this stage when contested divorce proceedings are initiated then, staying seperately is a better option. try amicably for that otherwise your wife can retaliate with some ghastly nasty allegations upon you that bcoz you wanted divorce from her,  you did...................... etc etc etc.  many things can be filled in the blanks to make u run in the police station and courts.. :-)

Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

Sachin 12345,


Shelter, maintainance, mediclaim cannot be claimed from in-laws and BIL.  In a DV case, domestic violence is needed to be proved and not 498A. First of all get the petition dismissed against you. Whether defamation case will sustain or not would depend upon overall facts and circumstances and not barely upon few lines.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register