Can Husband Claim Wife's Property During Divorce In India?

Divorce rates in India are steadily rising, particularly in urban areas where changing social norms, increasing financial independence, and evolving expectations within marriage have made separation a more common legal reality. With this shift, questions around property rights during divorce have become more frequent and complicated. While conversations often revolve around a wife’s rights over her husband’s assets, an equally significant yet less discussed issue is whether a husband can claim his wife’s property during a divorce in India. This question becomes even more relevant in cases where the wife owns self-acquired property, has received the inheritance, or has contributed significantly to joint assets. As gender roles evolve, more women today own property in their individual capacity, making this a critical legal query for couples navigating divorce.

In this blog, we’ll break down:

• What the law says about a husband's rights in his wife’s property,
• The difference between self-acquired and ancestral property,
• Real-life scenarios where a husband may or may not have a legal claim, and
• What Indian courts have held in such matters.

Relevant Legal Provisions

To understand whether a husband can claim a share in his wife’s property during divorce, we need to look at the key matrimonial laws that govern such matters in India.

Hindu Marriage Act, 1955

Under the Hindu Marriage Act,1955, there is no automatic right for a husband over the wife’s individual property. However, during maintenance or alimony proceedings, the financial status of both parties is considered. The court may direct the division of jointly owned property or award maintenance to the husband if he is financially dependent.

Special Marriage Act, 1954

Applicable to interfaith or civil marriages, this Act follows a similar principle: there is no default claim on individual property. However, Section 27 allows courts to decide on the disposal of property that was jointly acquired during the marriage.

Note: Neither Act provides for automatic sharing of self-acquired or inherited property unless contribution or joint ownership is established.

What Constitutes The Wife’s Property?

Understanding what exactly qualifies as the wife’s property is crucial to determine if the husband can make any legal claim during divorce.

Assets Owned Before Marriage

Any property or asset (like land, gold, house, or business) that the wife acquired before marriage remains her exclusive ownership, and cannot be claimed by the husband.

Gifts and Inheritance (Stridhan)

Stridhan includes all movable and immovable property gifted to the wife before, during, or after marriage by her parents, in-laws, relatives, or even her husband.

This property cannot be claimed by the husband, even if the marriage ends.

Jointly Owned Property

If the husband and wife have joint ownership over any property (e.g., co-own a house), then both can claim a share. However, the final share depends on who contributed how much financially and the legal ownership documents.

Wife’s Inherited Property

If the wife inherits property from her parents or relatives, it is treated as her individual property and is not open to claim by the husband.

Property Purchased in Wife’s Name but Paid by Husband

If the property is registered in the wife’s name but fully paid for by the husband, courts may investigate beneficial ownership. In some cases, this may lead to a dispute under the Benami Transactions (Prohibition) Act, but only if the intent of true ownership is challenged.

Can A Husband Claim His Wife’s Property?

When it comes to property division during or after divorce in India, the general legal position is clear — a husband has no automatic right to his wife's individual property. Indian matrimonial and property laws, especially for Hindus, prioritize ownership based on title and contribution, not marital status alone.

That said, the answer depends on what kind of property we are talking about — self-acquired, joint, or stridhan.

In Case of Self-Acquired Property

If a wife has purchased or inherited property in her own name before or during the marriage, it is considered self-acquired and solely hers.
A husband cannot claim any legal right over such property during divorce proceedings unless:

• He can prove his monetary contribution and claim it was meant to be a joint investment (which is rare and hard to prove), or
• The property is jointly titled.

In the case of B. P. Achala Anand v. S. Appi Reddy (2005) 3 SCC 313, the Supreme Court reiterated that the self-acquired property of a spouse cannot be claimed by the other spouse unless there is clear evidence of joint ownership or financial contribution.

In Case of Jointly Owned Property

If the property is registered in both spouses’ names, then the husband may claim a share depending on the facts.

Key considerations:

• Legal ownership (name on title deed)
• Financial contribution made by each party
• In some cases, even non-financial contribution (homemaking, childcare, etc.) can be a supporting argument — although less recognized unless proven with context.

Important:
Courts usually assess who paid for the property, regardless of whose name it's in. If the husband and wife both contributed, courts may direct equitable distribution, not necessarily 50-50.

In the Case of Streedhan or Gifts

Streedhan is the property a woman receives as a gift before, during, or after marriage from her family, husband, or in-laws. Under Indian law, this remains solely hers, and neither the husband nor the in-laws can claim ownership.

In Pratibha Rani v. Suraj Kumar, AIR 1985 SC 628, the Supreme Court held that streedhan is the woman’s absolute property, and its denial or misappropriation can attract criminal liability under Section 406 IPC (criminal breach of trust). Even after divorce, the streedhan must be returned to the wife if it is in the husband’s or in-laws’ possession.

Property Purchased in Wife’s Name but Paid by Husband

If a property is in the wife's name but paid for by the husband, and there’s an intent to keep it in her name, courts consider it a gift or voluntary transfer. However, if the husband can prove it was a benami transaction (name-lending without real ownership), it may be challenged, though the Benami Transactions (Prohibition) Act bars such claims between spouses in most practical scenarios.

Husband or In-Laws Have No Claim — Legal Position Backed by Courts

Under Indian law, streedhan, self-acquired, and inherited property of a wife is her absolute property, and neither the husband nor the in-laws have any legal claim over it, during or after the marriage.

If in-laws or the husband take control of such property and refuse to return it post-separation or divorce, it can amount to criminal breach of trust under Section 406 of the IPC.

Rashmi Kumar v. Mahesh Kumar Bhada, (1997) 2 SCC 397
The court reaffirmed that misuse or retention of a wife’s property by husband or in-laws is not just a civil wrong, but criminal in nature if done dishonestly.

Landmark Judgments

Below are three to four landmark judgments that clarify whether a husband can claim rights over his wife's property during divorce in India. Each case includes the facts and the court's holding.

1. Binapani Paul vs. Pratima Ghosh & Ors (2007)

Facts:
In this case, there was a dispute over property purchased in the wife's name. The husband’s side claimed the property was actually bought by the husband, making the wife only a 'benamdar' (name lender), while the wife’s side argued it was genuinely purchased for her benefit.

Held:
In the case of Binapani Paul vs. Pratima Ghosh & Ors (2007) Supreme Court held that the person whose name appears on the property documents is presumed to be the owner, unless there is strong evidence to prove otherwise. The court emphasized that if the husband claims the property is benami (held in the wife’s name for his benefit), he must provide clear proof. In this case, the court found the property was intended for the wife's benefit, not as a benami holding for the husband, and thus the husband could not claim it.

2. Pratibha Rani vs. Suraj Kumar & Anr (1985)

Facts:
Pratibha Rani filed for divorce on grounds of cruelty, alleging both physical and mental abuse by her husband and in-laws. An important aspect of the case was her right over her own property and stridhan (property and valuables gifted to a woman at the time of marriage).

Held:
In the case of Pratibha Rani vs. Suraj Kumar & Anr (1985) Supreme Court ruled that stridhan is the wife’s absolute property, and the husband or his family have no right over it. The husband cannot claim ownership or control over the wife’s stridhan or self-acquired property, whether during marriage or after divorce.

Conclusion

In the Indian legal system, marriage does not give either spouse automatic ownership rights over the other’s property. The law distinctly protects a wife’s rights over her self-acquired property, inheritance, and stridhan, making it clear that a husband cannot claim a share in such assets during or after divorce, unless he can prove joint ownership or substantial financial contribution.

Indian courts have repeatedly upheld this principle through landmark judgments, ensuring that a woman’s legal and financial independence is safeguarded even in the event of marital breakdown. Whether it is streedhan, property bought before marriage, or inheritance, these assets remain exclusively hers.

Frequently Asked Questions (FAQs)

Divorce-related property rights can be confusing, especially when it comes to individual ownership, stridhan, and joint assets. Here are some of the most commonly asked questions on whether a husband can claim his wife’s property during or after divorce in India:

Q1. Can a husband claim his wife's property if he contributed financially?

Only if the husband can prove a substantial financial contribution toward the purchase or maintenance of the property, he may have a case for an equitable share, particularly in jointly owned properties. However, if the property is solely in the wife's name and the contribution is not documented, it is unlikely that the court will award him any rights.

Q2. Does the husband have any right over the wife’s stridhan?

No. Streedhan is legally recognized as the exclusive property of the wife. The husband or in-laws are merely custodians and must return it on demand. Failure to do so may result in criminal charges under Section 406 IPC (criminal breach of trust).

Q3. What happens if the house is in the wife's name but bought with the husband's money?

If it can be proven that the property was bought by the husband but registered in the wife’s name without any intent to gift, the husband may try to claim it as a benami transaction. However, under the Benami Transactions (Prohibition) Act, such claims between spouses are often restricted unless there's clear evidence of deceit or concealment.

Q4. Can the husband get maintenance from his wife during or after divorce?

Yes, under Section 24 of the Hindu Marriage Act, a husband who is unable to maintain himself can seek interim or permanent maintenance from his wife, if she is financially better off. This is separate from property ownership and does not grant him any right over her assets.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified family lawyer.