How to claim 50% of husband’s property after divorce?

How to claim 50% of husband’s property after divorce?

Are you thinking about a divorce? Do you have any knowledge about the divorce process and alimony that you will get? This article will give you an idea about the divorce procedures and the alimony that you have rights to claim and this article will help the individuals to navigate the process as smoothly as possible. You are at a right place for an overview of the divorce process.You will get an idea about where to file for divorce, serving and answering a divorce petition, divorce records and related privacy issues, divorce mediation, and more. 

The Indian government proposed some changes in marriage laws. The cabinet passed a bill called “Marriage Law’s (Amendment) Bill 2010”, which is waiting for approval and some major changes are made regarding how the properties would be divided after divorce. 

50% share for wife on husband’s properties 

Before this bill, a woman had rights in husband’s properties, but there were no legal statements about this, it would be any percentage depending on the case, but after this change, a woman can claim equal sharing without any condition in husband’s property. 

According to the earlier law, the wife gets share only in those properties which are acquired by husband after marriage, whereas according to new change the wife has rights on all properties which are acquired by the husband before and after marriage. The new divorce law saying that the share of wife in husband’s property would be 50%, no matter how much property she owns in other, her share will be decided by the court. 

Share on joint holder’s residential property 

Normally the residential properties will be a joint property. Both the husband and wife are pay’s from their respective salaries, and some cases only husband Pays. Suppose the couple got divorce – women will get 50% of all properties and she has the right to get half of her husband share in the house. As per The Hindu Marriage Act 1955, it states a settlement of property jointly owned by both parties which they were presented to them at the time of marriage. 

Apart from husband’s 50% share, the wife has also rights on other properties. But the legal statements about these rights are to be set. As per the bill now, this right depends on “living standard of the wife”. If the wives have no source of income, then according to Section 125 of the Criminal Procedure Code provides for monthly maintenance to wives. 

A lot of people are saying that this bill is totally against males and illogical.  They have termed this new divorce law as anti-marriage and anti-male law. The new law of divorce only talks about the division of the husband’s property but not wife’s property. So women will get 50% share in husband’s property even women is at fault. 

As per old divorce law, the cooling period of 6 months was compulsory before the divorce. But in new law, the couple can waive off the 6 months cool off period or lessen it if they want so. 

The serious drawback of this law is, if some men are going through a bad phase of marriage, then they have to transfer their properties into another person’s name to avoid the 50% share. 

The wife needs to take the initiative to claim the share and woman will get 50% share of the properties. Women and children have the rights on 50% properties of man and it will be decided by the court. Wives have rights on all properties of man, no matter if the property was acquired by before or after the marriage.https://play.google.com/store/apps/details?id=com.advok8