Can wife claim share in ancestral property and entitled to maintenance


I am married 5 months back. If i go for annulment what are the grounds for it? We have ancestral property in the name of my father only, can wife claim share in it if filing for divorce? She is more educated than me, is she entitled to maintenance?

Answers (3)


183 votes

An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:

Bigamy – either party was already married to another person at the time of the marriage
Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress.
Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.
Marriage Prohibited By Law – Marriage between parties that based on their familial relationship is considered incestuous.
Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage.
Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent.
Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage.
Underage Marriage – either spouse was too young to enter into marriage without parental consent or court approval.

As far as your query is concerned :
-wife can't ask for share in your father's property
-As far as issue of maintenance is concerned it will require more details from your side to answer that.

Please feel free to contact for further course of action.


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333 votes

Grounds For Annulment
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage;
5) If the consent to the marriage was based on fraud or force;
6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease).
Further, if she is educated, then courts are taking a view wherein interim maintenance of wife is denied if she is educated . In addition to this, if you can proof any of the above mentioned grounds then she can be denied maintenance.

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135 votes

first wife can't claim your ancestral property she can claim only those property who in your name if she does not find anything from you she can only claim for money for their future as maintenance, and yes she can claim maintenance from you.

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