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Author Topic: can wife have 50% share of husbands property?  (Read 4064 times)

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Offline maniyoyo

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can wife have 50% share of husbands property?
« on: February 15, 2015, 11:17:53 AM »
This may be related to the situation that one of the family I know is facing right now. I am very poor in law and my questions may feel little bit stupid however I request you to think about below situation and provide answers.
1) believe that Couple married for 3 years, however wife involved in adultery.
2) believe that wife is not earning anything and not sure if she could earn anything after divorce(as one might claim!!).
3) believe that husband has a small amount of property all in his name, and his ancestors have a large amount of property which he could inherit.
4) believe that husband has the solid proof of adultery.

Now my questions are:
1) Is the wife entitled to 50% of husbands property and her in-laws property, regardless of how much she has or could inherit form her father? I hear about the Marriage Law’s Bill 2010 in which wife could claim 50% of husbands property. is she entitled for it even though adultery is proved? is this law in effect?
2) Can the wife oppose divorce claiming that she wouldn't be able to support herself after divorce? what should one do in such case?

Offline Advocate M.Bhadra

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Re: can wife have 50% share of husbands property?
« Reply #1 on: February 15, 2015, 07:36:23 PM »
1)No,wife has no right of husband property or in-laws property during life time of husband and after divorce. But she may inherited her parenteral property.
2)Maintenance is not objection ground for divorce but she can claim maintenance even after divorce.

--------------M.Bhadra,advocate at Kolkata,9836589246

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