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Vijay (cyber celll)     07 August 2015

Self acquired property

Please give me exact section of law about rights of divorced wife for husbands self acquired property

I know it has been asked before also but I ant to know exact section of law


 1 Replies

victim (master)     08 August 2015

Wife has got no right on husband's self acquired property, during the lifetime of husband. After that in absence of any will she will be the legal heir. When marriage is dissolved by Court's decree then either of the parties can claim permanent alimony from her/his Ex as the case may be u/s 25 HMA. Which states 

"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, while the applicant remains unmarried, 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 and the conduct of the parties, 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 favor an order has been made under this section has remarried 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, it shall rescind the order."


If Wife is not having any sufficient independent source of earnings and husband is having propertys which generate income for him then wife will be awarded an maintenance considering those factors. Court will never pass any order to handover any husband's property against alimony to the wife without husband's concent. Court will only order the husband to pay money against maintenance to wife and in some cases her accomodation arrangements. This order will be only till wife remarys some one else.


Many courts in many cases advise to settle the dispute by giving some big amount or some property to wife as one time settlement but if husband prays that he can only pay maintenance and other expenses on monthly basis only then order will be passed accordingly.

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