Divorced but Not Done with the Marriage
family clat_ug advanced trick_questionSo I was going through my notes for Family Law and I stumbled upon this tricky question - Rohan and Aisha get divorced and in the settlement, it's agreed that she gets the house and he gets the wife's 401(k) account. But here's the twist: in the interim between the agreement and the final order, Rohan's mother passes away leaving him property in India. Now, Aisha sues Rohan in an Indian court claiming that, under Section 13(1)(ia) of the Hindu Marriage Act, this new property is also subject to the matrimonial dispute and must be attached. Is she right or is she wrong?
What most people get wrong here is that they assume the divorce settlement only applies to assets earned after marriage.
2 Comments
"Doston, yeh sawal bohot complex hai. Agar divorce hua hai lekin marriage khatam nahin hua hai, toh kya kar sakte hain? Court mein yeh case bhi sambhav hai, jiske under marriage khatam hone ki prakriya mein kuch galtiyan ya adhikar ki haani ho gayi hon.
"Zara se zyada koi shart nahin hai ki kabhi ek rishta bandh ho jaata hai. Lekin agar aap divorced hokar bhi apne marriage ko pura nahin karne ka faisla karte hain, toh yeh ek badi mushkil ladai hogi. Aapko apne apne rishte par kabhi kabhi saamana karna pad sakta hai.