After divorce does women automatically get half of the property

931 votes

No there is no provision as such which provides for fifty percent of the property or assets to be given to the wife automatically upon divorce. The alimony or the maintenance amount has to be decided by the parties themselves or the same is decided by the court accordingly.

Advocate Nitin Chopra LawRato

748 votes

The proposed amendment to divorce laws that gives women a 50% share in their husbands' residential property is ill considered. Not only is the amendment biased against men, but also does nothing to empower women in the true sense of the term. To begin with, a woman's right to property has already been established under law. This means that she has equal rights to her parental property as her male siblings. In such a scenario, according women an extra legal right over their husbands' residential property - which too could be inherited - is unfair. Neither do men have the same rights over their wives' property nor can they claim emotional damages during divorce.
That the amendment is out of sync with the times is borne out by the fact that it precludes women as productive members of the modern-day workforce. Women today are equal breadwinners and willingly contribute to the running of the marital household. Obviously, this earns them an equal share on any marital asset that is jointly acquired. But to give women legal rights over property solely acquired by their husbands is clear discrimination. Meanwhile, the amendment is silent on cases where the women have more property than their husband.

Advocate Ashwani Saxena LawRato

719 votes

no you have to contest with your husband for that in family court for maintenance for yourself and f they have any child if its a mutual divorce then one time settlement can be done between both the parties.

Advocate Rahul Rathi LawRato

273 votes

In India, the division of property after a divorce is not an automatic process where the wife receives half of the husband's property. The division of property is subject to various factors and legal provisions. Here's what you need to know:

1. Laws Governing Property Division: Property division in divorce cases in India is primarily governed by the personal laws of the parties involved, such as Hindu Marriage Act, Muslim Personal Law, Special Marriage Act, etc.
2. Principle of Equitable Distribution: Indian courts typically follow the principle of equitable distribution rather than a strict 50-50 division. This means that the division of property is based on various factors, including the financial contributions of both spouses, their respective needs, and other circumstances.
3. Maintenance and Alimony: In many cases, the wife may be entitled to receive maintenance or alimony from the husband, which is separate from the property division. The purpose of maintenance is to ensure the financial well-being of the wife after divorce.
4. Streedhan: In some cases, a wife may have "streedhan," which refers to the assets or gifts received by her during the course of the marriage. Streedhan is the exclusive property of the wife, and she retains ownership of it after divorce.
5. Agreement between Parties: Parties may also reach a mutual agreement on the division of property, including assets and liabilities. Such agreements, if made voluntarily and without coercion, can be legally binding.
6. Legal Process: If the parties cannot agree on property division, the court may intervene. The court will consider the specific circumstances of the case and make a decision on property division based on legal principles and relevant laws.
7. Consult with Legal Counsel: If you are going through a divorce and have questions about property division, it is crucial to consult with a qualified divorce attorney. They can provide guidance based on the specific laws applicable to your case and help protect your rights and interests.

In summary, the division of property after a divorce in India is not an automatic 50-50 split. It depends on various legal factors, including the personal laws applicable to the parties, financial contributions, and individual circumstances. It is advisable to seek legal advice to understand your rights and responsibilities in your specific divorce case.

Advocate Chikirsha Mohanty LawRato

93 votes

What is the amount of alimony that the wife receives after a divorce? The Supreme Court of India set 25 percent of husbands monthly net salary as the benchmark for alimony payments to be made monthly. There is no fixed amount or percentage when it comes to a one-time settlement.

Advocate Chikirsha Mohanty LawRato