Wife gets 50% share in husband’s property after divorce – India Law

Do you love your wife? You better do !

There were few changes proposed weeks back in the marriage laws in India, which everybody should be aware about. A bill called “Marriage Law’s (Amendment) Bill 2010″ was passed by the cabinet, which is pending for discussion in Rajya Sabha and some major changes in the women rights are suggested, on how the properties would be divided after divorce.

Women Rights in husband property after divorce - India Law

The biggest change says – “As per new Divorce law, Wife share in property would be 50% in all her husband’s residential properties, no matter what and in other properties, her share will be decided as per the court decision.

Wife share in property owned by husband would be 50%

Earlier, before this change – a women was entitled for a share in husband’s properties, but there was no quantum defined as per law, it would be any percentage depending on the case, but now with this suggested change, a women will enjoy equal sharing without any condition in all the residential properties owned by husband. But in this case, women will have to specifically apply for her share, she should be aware about this law about “50% share” .

A major change in this amendment is that this rule is applicable to all the properties of the husband acquired before and after the marriage, whereas as the earlier law made sure that the wife gets share only in those properties which are acquired by husband only after marriage. Now men stand to loose on this front, in-case things so sour with wife.

Husband & Wife joint holder’s in a residential property

You should be clear by now, what will happen in the case where a property is registered in the joint names of husband and wife. A lot of couple register a house in joint names, a lot of times both pay’s from their respective salaries, and in some cases only one party pays (generally husband). Imagine divorce happens – Who will get how much ? Women will keep her 50% part and she will also get half of her husband share in the house, so 75% wife and 25% husband.

Rights of women after divorce on other properties in India?

Apart from the mandatory 50% share in husband’s residential properties, the wife will also be entitled to get a share in other kind of properties, but the quantum is not set, as per the Bill, it will depend on “living standard of the wife”

Waiver of six months cooling period possible

As per the old Indian law which governed the division of assets for women after divorce, it was mandatory for husband and wife to spend at-least 6 months together before applying for divorce, but with this new amendment bill, there are provisions of waiving off the 6 months cool off period or lessen it, but only if both husband and wife wants it. Which means if one of the spouse wants to get divorce on an “urgent basis” , but other does not, it will not be possible. This is one of the major change in the bill and will help those couples who do not want to serve that “6 months” cool off period of living together.

Is this a anti-male law ?

A lot of groups have termed this change as anti-marriage and ant-male law and critically oppose it, they have termed it as a bill totally against males and illogical. The major issues with the amendment are as follows

  • The bill talks about only the division of Husband Properties, but not wife’s properties. So in-case women is at fault, still she will get 50% share in husband property, but her share of property will not be divided.
  • A major disappointment for men in this bill is that, even the “person at fault” can apply for getting the share of property, and the other party will have to respond to it. Generally as per old law’s when mutual consent was not there, the victim applies for the property share and the person who is the “bad person” has to respond to it. Now with his law change, wife can seek a divorce and ask for share in property.
  • If wife and husband are living apart from many years, a wife can oppose the divorce on the grounds of financial hardship, but men can not! . This is called Irretrievable breakdown of marriage
  • There are concern’s raised like this law will encourage more divorce’s are women can get hold of property easily for sure.

Now there are some serious concerns due to these changes. If a husband has one residential properties, old parents who are financial dependent on him and there is divorce between husband and wife, the wife could take 50% share, in which case the men will be left with 50% property, this seems very unjustified. What is the women already owned 2 more properties on her name? She has nothing to worry! .

One serious drawback of this law is that some men, who are undergoing a bad phase of marriage, may convert their residential properties into immovable assets, or just transfer it on other names to save themselves from parting away with 50% share in worst case.

Conclusion

While there are cases where women are deprived of their share in wealth at the time of divorce in India and there was requirement of strong laws which focuses on rights of women in case of divorce in India, this amendment seems to have gone beyond what it wanted and has loopholes which can be exploited by women. With due respect to each gender, it would be great if there would have been some balanced law, and some thought should have gone for worst cases.

To summarize things, here are the take away’s from the changes made in marriage law’s.

  • In case of divorce, Woman will have 50% share in the residential property of a man
  •  The wife will have to take the initiative of seeking her share in such cases.
  •  Women and children will also have rights in the other assets of man, which will be decided by court
  •  It does not matter if the property was acquired by before or after the marriage

What do you think about this amendment ? Do you also feel its too anti-male but only designed keeping women in mind ? Do you feel its correct to keep 50% share for wife in husband’s property in case of divorce as per law in India ? Note that the bill still needs to be passed and right now only the cabinet has passed the changes. It is yet to become a law after getting passed in both houses.

Note : The information provided on this article is based on various media articles and the exact circular could not be found out. Also the bill still needs to be passed, only then it will become an act finally and will be implemented.

395 CommentsAdd Comment

  1. Wow by seeing all comments once again it proved India is a male dominating country those who all think this is wrong that the half property should not be given to wife then please give me some answers, after divorce men will happily do second marriage and happily enjoy dowry brought by second wife, but the first wife will suffer so much in many terms like the maintenance given by husband is very less by that amount she can’t go with her regular needs, most women’s r committing suicide because of lack of money and security after divorce, by giving husband half property wife will live happily and men will also live happily with his new wife and u all r saying it is a anti male law then tell me why should women bring dowry, why should women left her parents after marriage, why should women become servant to all her in laws, if you want to treat equally then OK women should not bring dowry, she should left her parents she should not become servant to her in laws house so please do this changes and ask to treat every gender equally by law, girls r getting raped by boys, girls are kidnapped by boys, girls are attacked by acid by boy, girls are treated like a servent in her in laws house, girls are murdered by her in laws, but no no one bothered but when law shows some gender differences then see how all male people r reacting IF YOU ALL ARE MALES THEN FIRST SAFE WOMEN’S FROM ALL CRIMES AND THEN FIGHT FOR GENDER EQUALITY BY LAW

  2. I’ll accept it cuz after divorce men will happily do second marriage and he will enjoy with his life with second wife and with the dowry brought by second wife but women will suffer her life after divorce and she can’t marry again cuz she should give lot of dowry which she can’t give and mostly in early days the maintenance given by husband is very less with that amount women can’t even go with her regular needs so by giving half property to wife it is totally justified by this woman can enjoy her life and men can enjoy his life

  3. siva

    then How to escape from this … better we have to transfer / sell all our property to someone b4 apply divorce or pls advise

  4. UV

    Hi manish , i have 3 yr old kid and i have given my case to women cell, he has been disowned by his parents since 2012. i do not hav any prove of their bad behaviour . i left my job 4 yr back for family. but now i m worried about my son future . what r my right in this case, please educate me.

  5. AC

    This is actually anti male law. Divorce not only happens because men are at fault. Both men and women can be a cause. It will be better to give compensation amounts to women after divorce. That too after thorough scrutiny whether she is a total dependent, has kids and all other things. Also if men are willing to remain together and women is not Willing to compromise anywhere though there r chances of smooth married life ahead, women should not be given 50% share. In such cases she is getting divorced for her own benefit or incapability. Men should not be held at fault. This can be used as a source of earning money by women. Women are nowhere away from crimes these days. Genuine mutual divorce cases should be considered while taking decision regarding division of all property. Tat too after proving all the conditions.

    • Ranjana

      Yes it’s very true.It’s not always that women are right.these women are evils,devils they just want husband ‘s destruction and just want their property.I too agree it’s very anti male.

    • I’ll definitely agree with this half property should be given to wife, yes husband should give half property to his wife after divorce husband will do second marriage and live happily but wife will suffer with her life after divorce and the maintenance is too less which is given by husband and they are committing suicide because of lack of money and security, and husbands r happily living with second wife so by giving half property women live happily and men will also live happily

  6. SHYAM

    IN INDIA EVERYTHING WILL BE CREATED BY MINISTERS AS PER VOTE BANK WITHOUT THINKING WATS BENEFIT OR LOSS .WHY EVERY THING GOES IN FAVOUR OF WOMEN IS SHE INNOCENT OR CLEVER,OUR COURTS JUDGMENT DEPENDS ON PARLIAMENT RATHER THEN ON PROOF.IF WOMAN IS RESONSIBLE FOR DIVORSE HOW COULD SHE CLAIM PARENTAL PROPERTY?AND HOW COULD JUDGE ACCEPT THIS PETETION

    • Why not definitely men should give his half property to his wife, see after divorce men will happily marry other girl and enjoy with his new wife and also the dowry brought by new wife but what about his first wife in old days the maintenance given by husband is very less by that amount the wife can’t get her regular needs and many women’s after divorce committing suicide because of lack of money and security, by giving husband half property wife will get financial support and security and men also live happily with his new wife

  7. Kuttan

    why in India allways laws are against men.Now there are lots of divorce happening in india by women’s fault.
    Now women are taking advantage of this family court laws..
    Time is exceeded to change some laws like this with major draw backs…

  8. raj

    a man will do hardwork for 20 years … eshtablish himself… earn money… and his wife is owner of his half property??? this is worse law !!!!! and illogical to me

  9. Happy

    Divorces & Remarriage is no longer a taboo in India. But, there are two things to worry about if this law is passed :

    1. If a divorced man remarries, and then dies, 50% share goes to ex-wife and 50% the current widow wife will demand. What will happen to the guy’s age old parents ?
    2. If a divorcee lady remarries, then she gets 50% of property from ex-husband, and share of property from current husband. This way, women will treat marriage as an easy business and win money without working.

    This law , if passed, will be a punishment for Senior Citizens, will turn Men into just money-making machines and turn Women into lazy wicked person. Either way, the sanctity of marriage in India will be lost….

    PS : I am a Woman :)

    • My dear happy even I am a woman, i totally disagree with your comment cuz it is not a punishment to senior citizens (male parents) cus according to new law son’s should give maintenance to his parents in which all his parents needs will be fulfilled and coming to half property yes men should give it to his wife, by that women will live happily and men will also live happily with his new wife

  10. pragati

    i think it is absolutely appropriate law for women.For so many years women have been tortured and suppressed…we also have a right to live life happily…..for all mammas boys b with ur parents only,seva karo and do not marry….let girls live happy…..

    • a ray

      Well women r taking advantage of India’s divorce laws filled with loopholes… If this kind of law persists they will find marrying n divorcing a comfortable business without having to work….. Obviously this benefits both the girl and her lazy family…. And moreover girls can’t endure their husbands serving parents,…. They think wife is all-in-all,….I request supreme court to reject this law….otherwise it will make scoundrels in the form of wives

  11. RAMANATHA PRABHU N

    PERSON WHO IS INTERESTED IN DIVORCE SHALL BE PENALIZED BY COMPENSATING OTHER, MARRIAGE IS A MUTUAL AGREEMENT TO LIVE TOGETHER UNDER THE LAW PREVAILING IN INDIA AND THE PERSON WHO WANT TO BREAK THIS AGREEMENT WILL HAVE TO COMPENSATE THE OTHER WITHOUT ANY GENDER DIFFERENCE.

  12. RAMANATHA PRABHU N

    AT TIME OF DIVORCE IT IS ENOUGH TO RESTORE THE POSITION OF THE WIFE IMMEDIATELY BEFORE HER MARRIAGE, ELSE TAKE TURN FROM DIVORCE, AND LET HER MANAGE HER HUSBAND WITHOUT DIVORCE. THIS PRINCIPLE IS HUMANE. ALL ARE EQUAL

  13. vijay

    This is absolutely ridiculous, bull shit Indian Politicians. How this law will approve? Do they take public comments for a certain period before they make it to final.

  14. altaf

    Great Article!!!

    I just visit this page just to read the comments, so interesting!!!! Nice to see Manish Chauhan replying to posts.

    Anyway, I just have this one question boggling around my head. I hope this page could clarify it.

    I am living in relation with my partner for 1.5 years by now. Things are souring between us. I actually need to get out of it.

    My question is, if she claims something legally as of now, will I be legally bounded as husband for living with her? Should I provide the maintenace for her? Pls enlighten me.

    P.S – we do not have kids and we both are majors and we are in a relationship for 1 year 5 months.

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