One of the least discussed but most contentious issues in Indian family law is the question of matrimonial property. When a marriage breaks down, disputes often arise over assets acquired during the marriage. Indian law does not yet have a uniform regime for matrimonial property, unlike many countries where assets are automatically divided. This article examines the current legal position, judicial precedents, and the way forward.
Current Legal Position
Indian personal laws do not provide for automatic division of assets upon divorce. Property remains with the person in whose name it is registered. Wives can claim maintenance or alimony but not co-ownership, except where contribution is proven.
Judicial Precedents
In B.P. Achala Anand v. S. Appi Reddy (2005), the Supreme Court acknowledged the absence of clear laws on matrimonial property and stressed the need for reform. In Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (2005), the Court recognized equitable rights of women who contributed indirectly to family assets.
Practical Remedies for Women
Women can claim maintenance under Section 144 BNSS and alimony under matrimonial laws. If they can prove financial or non-financial contribution, courts may recognize equitable interests. Domestic Violence Act provisions also allow residence rights in the shared household.
Challenges in Current System
The absence of a community property regime often leaves women disadvantaged. Courts interpret contribution broadly, but uncertainty remains. Proposals for reform, such as introducing a marital property law, are under consideration but not yet enacted.
Conclusion
Matrimonial property disputes highlight a gap in Indian law. While courts have tried to ensure fairness, the absence of clear statutes creates uncertainty. Reform is needed to ensure that both spouses, especially women, receive equitable rights over assets built during marriage.