One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X came to my office in City A with concerns about his matrimonial rights. He worked as a software engineer while his wife Ms.Y was a doctor with substantial personal savings and inherited property. During their marriage disputes, Mr.X questioned whether he had any legal claim over Ms.Y’s earnings and assets. Ms.Y had filed for divorce and was demanding maintenance, but Mr.X felt the law was biased as he was being asked to pay despite Ms.Y earning more. The couple had been married for eight years and had no children. Mr.X’s family property was also under scrutiny during the proceedings, and he was confused about the legal framework governing spousal property rights in India.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Gather all financial documents including salary slips, bank statements, property papers, and investment records. Document the timeline of asset acquisition to distinguish between pre-marital and post-marital assets. Understand that neither spouse has automatic rights over the other’s self-earned income or inherited property unless specifically transferred or jointly acquired.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), matrimonial disputes involving property rights are governed by personal laws. The Hindu Marriage Act, 1955 covers property rights for Hindus. Section 27 of BNS deals with fraudulent transfer of property during matrimonial disputes. BNSS Sections 125-128 cover maintenance proceedings. The Domestic Violence Act provides additional protection for women’s property rights. Section 14 of the Hindu Succession Act, 1956 ensures absolute ownership rights for women over their property.

If You Are the Complainant

• File a detailed petition clearly stating your grievances and the relief sought
• Provide documentary evidence of your financial contributions and asset ownership
• Maintain records of all joint investments and purchases made during marriage
• Seek interim maintenance if you are financially dependent
• Request for proper valuation of all marital assets for equitable distribution

If You Are the Victim

• Secure all your personal documents, bank accounts, and property papers
• Understand that your self-earned income and inherited property remain yours
• Document any threats or coercion regarding property transfer
• Seek legal protection if facing pressure to relinquish property rights
• Know your rights to maintenance based on lifestyle and financial needs

How the Police Behave in Such Cases

Police generally treat matrimonial property disputes as civil matters unless criminal elements like fraud, theft, or domestic violence are involved. They may register FIRs under BNS sections for criminal breach of trust or cheating if assets are fraudulently transferred. Police often advise parties to approach family courts for property division matters and focus on maintaining law and order during disputes.

FAQs People Normally Have

Q: Do husbands have rights over wife’s salary? No, each spouse retains ownership of their individual earnings unless jointly invested.

Q: Is maintenance gender-specific? No, either spouse can claim maintenance based on financial need and ability to pay.

Q: Can inherited property be claimed by spouse? Generally no, inherited property remains with the inheritor unless specifically transferred.

Q: Are matrimonial laws biased? Laws are gender-neutral, but implementation may vary based on circumstances and judicial interpretation.

What Evidence Is Required?

• Marriage certificate and wedding photographs
• Income tax returns and salary certificates of both parties
• Bank statements showing individual and joint accounts
• Property documents with purchase dates and funding sources
• Investment statements and asset valuation reports
• Evidence of financial contributions to household expenses
• Documentation of any gifts or transfers between spouses

How Long Will the Investigation Take?

Matrimonial property disputes typically take 2-5 years in family courts depending on complexity and cooperation between parties. Maintenance proceedings under BNSS can be resolved in 6-12 months. Criminal cases involving property fraud may take 3-7 years. Mediation and mutual consent can significantly reduce timelines to 6-18 months.

Advocate Sudhir Rao, Supreme Court of India