Anonymous
Asked September 28, 2016

Husband's Claim to my savings in case of divorce?

  • 1 Answer
  • 351 Views

My husband cheated on me with another woman and has moved out and staying separately for 6 months now. I'm living in our marital house with motherinlaw and son (10year old). Me and my husband are both paying EMIs for the house we are staying in. I'm managing our expenses including my son's education and my husband is living his life separately. In the last one year I've managed to save some money from my salary planning to have some savings for my son's education in future. This is in my salary account. Wanted to understand if he can claim any rights to this if we were to decide to go for a divorce in future

Answer 1

Your husband cannot claim any share in your personal salary account at the time of divorce. The only means by which he may attempt to get your money is in the form of maintenance under S. 24 of The Hindu Marriage Act, 1955[1]. However, he can claim maintenance under this section only if he has no independent income sufficient for his support. The husband will have to satisfy the court that either due to physical or mental disability he is handicapped to earn and support his livelihood. In this case as stated by you, since your husband is paying part if the EMI it clearly indicates that he is not in need for such maintenance and hence, your saved money is safe and cannot be demanded by your husband,

 

[1] Available at: https://indiankanoon.org/doc/1449825/

Agree Comment 0 Agrees almost 4 years ago

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