Does Remarriage Affect Child Custody in India?

Property rights are the legal rights to obtain, possess, sell, transfer property, rights to receive rent, keep one’s salary, enter into contracts, and file lawsuits. Among all of this the most delicate issue is the right to property of wife after divorce. The right of wife in husband’s property after divorce relies on a variety of factors such as reasons for the separation of husband and wife.

A wife can claim in court for her rights and contribution to the property. But a wife has no right over husband property underneath are the following things:-

  1. Joint Property with Husband – a wife cannot acquire the share from the property until she has given her share to the property.
  2. Husband’s Self- Acquired Property – a wife cannot claim the share in husbands property and if husband is paying maintenance than he holds the ownership of the titled property.
  3. Ancestral Property of Husband – a wife has no right on husband’s ancestral property, i.e., only the biological children can claim ancestral property.

Therefore, a wife cannot claim her rights on husband’s property the wife can only claim for a property on her monetary share and can claim maintenance after divorce.


Under the Hindu Law divorce is of two types:-

  1. Mutual Divorce– Under section 13-B of the Hindu Marriage Act, both the parties agrees and express their consent for peaceful separation, the alimony and child custody issues is already dealt between them. To file for mutual divorce one must have mutual consent and the parties have been living separately for at least one year. If the property is in the name of the husband, in the eyes of law, the wife has no right over the property.
  2. Contested Divorce – Under section 13 of the Hindu Marriage Act deals with when the party has caused cruelty, conversion of religion, unsound mind, communicable disease or unheard for more than seven years i.e. desertion. The wife can claim maintenance and livelihood cost from the husband for her and the maintenance of their kids but not the property share.


  1. We help in making our clients understand and explain the grounds for divorce and save from fault grounds.
  2. We ensure our clients emotional state by providing support with legal factors to secure our clients future and custody issues.
  3. We help is maintaining the local assets, collect records, liabilities o that the divorce settlement is addressed.
  4. We ensure that our clients receive the share of property that the marriage has brought in.
  5. We help in protecting our clients from any debt that is owed to the other spouse.
  6. We provide great assistance while preparing the papers for divorce with all the essentials and information required.
  7. We assist our clients preparing a custody plan/parenting plan which will fulfill the need of the child and the parents.
  8. We provide great litigation skills for our clients case to resolve disputes regarding maintenance, child custody etc.
  9. We ensure our best in winning the case for our clients.
  10. We ensure that our clients are taken care of every need and provide the justice that they want.

The best thing you can do to ensure a positive outcome from your divorce case is to hire the right divorce advocate to help you navigate this process. Your advocate can provide the objective point of view of your situation that you may need to counterbalance the emotional weight of the situation. When it is difficult to focus on practical matters because of denial, anger, or despair, your advocate can be the voice of reason who guides you through your divorce case with your best interests in mind at every phase.

At G.S. BAGGA & ASSOCIATES, we understand the emotional side of divorce and help you prevent it from interfering with the practical side of the process. Our firm has years of experience helping clients navigate complicated divorce proceedings in Delhi and can put this experience to work in your case. If you are having trouble accepting that your marriage is ending and are unsure of what you should do next, contact us on G.S. BAGGA website and schedule a consultation with our team. We will help you maintain a more objective view of the situation and preserve your best interests through every phase of your divorce case.

We are always happy and ready to assist you in your hard time.

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