What Are The Property Rights Of An Abandoned First Wife?

What happens as far as property holding is concerned in case a married couple decides to parts ways? Let us look what the law says about the rights of the first wife who is abandoned, separated or divorced.

When the wife is abandoned

In a recent case that was taken up for hearing in the Bombay High Court, the judiciary sided with the first wife. The woman, who also has two married daughters, was thrown out of the house by her husband. The man, who married for a second time, had filed an appeal along with his second wife and her sons to pass on the ancestral property to the children born out of the second marriage. His appeal was rejected.

The daughters born of the first marriage were given the preference, over the children born out of the second marriage because the latter do not have any direct right on ancestral property of the father.

The court ruled that the first wife and the two daughters and the man should rightfully receive one-fourth of the ancestral property each.

The sons from the second wife can inherit only the one-fourth share their father gets from the ancestral property.

When the wife is divorced 

If the wife is divorced according to the rules laid down by the court, the second marriage is valid. The same is not true if a man enters into a second marriage without divorcing the first wife.

Vibhanshu Srivastava, a New Delhi-based advocate, says: “After divorce, a wife cannot stake a claim in your property as a matter of right. This property will continue to remain yours. What the wife can seek from you is maintenance for her sustenance and a decent standard of living, similar to that being enjoyed by you.”

When the first wife has contributed financially towards a property

Many a time, husband and wife contribute towards home purchases. Madhur Singh says his wife’s contribution in the flat that he purchased earlier is 10 per cent while his share is 90 per cent. Now that he is heading towards a divorce and many eventually remarry, he wants to know whether his wife can stake claim to this property.

Mumbai-based advocate Ajay Sethi says that the first wife may have to file a suit in case she claims a share in the property. If the said property is where Singh currently resides and if the divorce is approved and the wife refuses to leave the house, an eviction suit needs to be filed by Singh.

Also, if she has contributed 10 per cent of the funds towards this purchase of the flat and has the evidence to demonstrate the same, she can ask for refund of this amount from Singh.

Also note that a couple who is heading towards a divorce and has filed their petitions can continue to live in the same house, unless the court gives an approval to the separation. They must not, however, cohabit in the meantime.

Abandoned or divorced wife’s belongings are hers alone

The concept of oneness is no longer valid if a married woman is abandoned or divorced. She is the sole owner of what she might have received as gifts, her self-acquired property, life insurance policies that she or her husband may have bought. If she had trusted her in-laws or her husband with her jewellery or other valuable items or property, any misappropriation by the in-laws can hold them guilty of criminal breach of trust.

Section 14 of the Hindu Succession Act, 1956, and Section 27 of the Hindu Marriage Act, 1955, empowers a Hindu woman to be the absolute owner of such property. It is also advisable that such a woman keeps all related bills, evidences and documentation with herself as a proof that these belong to her. 

Abandoned wife’s children

Unless the biological father who has abandoned his family makes a will stating that his self-acquired property should go to children born of a second marriage or to others, all legal heirs, which includes the abandoned first wife and her children, can stake claim in both the ancestral and self-acquired property of the husband. 

New laws

Authorities are also planning stern action against Non-Resident Indians who desert their wives after marriage. Among the action against them include revocation of their passport which will render them incapable to work outside the country.

This Monsoon Session, some key Bills that await a decision include the The Muslim Women (Protection of Rights on Marriage) Bill, 2017. With this, an aggrieved Muslim woman can seek allowance for subsistence as also custody of her minor children. It will also reiterate that instant talaq is null and void.