Women in distress : Right to property for wife and children

Most women when they walk out of their matrimonial home, they walk away without there Stridhan (articles like jewellery, cash, immovables gifted at the time of the wedding to the bride). They have little knowledge about title, ownership and nature of matrimonial property. Thus, they experience financial insecurity especially when they are not working women! Such, women can also experience acute penury. If there are children out of the marriage and the wife takes custody of them, they become an added social and financial responsibility. The law provides welfare legislations to safeguard women from destitution. 

For women who are seeking legal remedies to secure rights of their children and themselves following things should be kept in mind.

1. Children have right to property only in properties which are ancestral in nature. 

2. Children do not have right in father or grandfather's self acquired property unless the father or grandfather dies intestate.

3. Women have a right to stay in the matrimonial home that belongs to the        husband or father in law. But she cannot claim ownership of the same. 

4. Difference between ancestral property and separate property can only be ascertained by going through the revenue records. It is very crucial before filing of any matrimonial  case. 

 Even for cases of maintenance it is important to find out the income of the Husband so that he does not feign unemployment, destitution or under employment.

 For Divorce cases it is important to ascertain the same so that the wife can claim a just and fair permanent alimony. 

5. A wife has right to maintenance from husband's property but she can not demand partition of the dwelling house. 

6. If you are educated and professionally qualified woman, the judge made law these days expects you to find a Job and earn your own livelihood!

7. If you are a working professional can you also seek maintenance ? Yes, whichever spouse earns more has to give maintenance to the spouse who is unable to maintain herself/himself. 

For further queries and suggestions you can email me on advocategnr2011@gmail.com or call me on 9711422696.