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Wife demand total property of husband as maintenance


23-Jun-2026 (In Divorce Law)
Husband wife was separated from 7 years but they didn't get divorce.for divorce wife demand total property of husband as maintenance.when wife is independent also they don't have any kids.is it possible
Answers (2)

Answer #1
715 votes
No, a wife cannot automatically claim the entire property of the husband as maintenance merely because divorce proceedings are pending. Maintenance, whether interim or permanent, is determined by the court after considering factors such as the income, assets, financial needs, standard of living, age, health, and earning capacity of both parties. If the wife is financially independent and earning sufficient income to maintain herself, the court may reduce or even decline maintenance depending on the facts and evidence placed on record. The absence of children is also a relevant factor while determining the quantum of maintenance.
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Advocate Sandeep Nayak

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Answer #2
998 votes
No, it is not legally possible for a wife to claim 100% of the husband's entire property as maintenance or permanent alimony under Indian law. The courts determine maintenance based on equity, fairness, and the financial status of both parties. However wife's claim for total property can be presented before court as her ill intention and conduct and can be proved as cruelty committed by her towards husband taking advantage of married wife ignoring her obligation as wife. Her conduct can be taken as criminal action of extortion.
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Advocate Sanjay Kumar Panda

Adv. Sanjay Kumar Panda

LawRatoBhubaneswar | 25+ Answers
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