There is need for both local and federal government to be transparent in order to end the dispute over property tilting procedure, Ebun-Olu Adegboruwa, a senior advocate of Nigeria has said.
Ebun-Olu also canvassed the creation of a centralized data system. This will help in simplyfing the process of acquiring land in the country. The expert explained that this will help to foster the confidence of investors in the real estate sector.
The senior advocate made this comment at an event organized by FIABCI, Nigeria Chapter. Explaining that a centralized data system will help in ushering in transparency and will remove bottlenecks. It’ll also help in boosting the morale of investors.
This event took place in Lagos and was supported by BuyLetLive, Centre for International Private Enterprise (CIPE) and Stanbic IBTC. The theme of the event was “Place and Nature of Agreements in Property Acquisition and Developments.”
“70 percent of cases in the court has to do with issues of property acquisition and taking over of land,” Adegboruwa disclosed, saying, “unless we get to a stage where the government can be transparent, the process of titling on property will continue to be controversial.”
He stressed that the government needed to become more transparent and carry the people along so that whenever they acquire land and allot it, the allottees would not be the ones having the crisis with the landowners.
The government is in charge because the Land Use Act gives it the authority to manage land on behalf of the people; we need to look at land administration in Nigeria, particularly in Lagos State, and figure out how to eliminate the stumbling blocks associated with land investment and development,” he said.
In addition, the real estate expert said that impunity had taken over the country, and the FG should provide funding for the judiciary and the court system so that judges could become more effective. This, he said, would allow citizens to hold them accountable.
“In a situation where judges are not well paid and there are no facilities to perform their functions, the judiciary has become a clog in the wheel of progress of property investment and development in Nigeria.
“As a result, the government should properly invest in the judiciary in order to simplify the dispute resolution mechanism. We must always have disagreements, but we must ensure that the resolution does not take too long,” he said.
Earlier, Gladstone Opara, another expert and President, FIABCI Nigeria, had said the forum provided an opportunity for people with similar interests to learn and impact the industry.
Opara said the government must improve transparency in the real estate sector, particularly in the area of title registration, in order to increase the confidence of both domestic and foreign investors in the industry.
Lagos State Real Estate Regulatory Authority (LASRERA) has announced that they’ll be hosting the third edition of the Lagos Real Estate Market Place Conference and Exhibition. The aim is to redefine the state’s real estate market and to showcase the opportunities it offers.
LASRERA in a statement over the weekend disclosed that the conference and exhibition had been scheduled for Tuesday and Wednesday, 7th and 8th of December, respectively. This event will take place in Eko Hotel and Suites, Victoria Island, Lagos.
“Discussion at the events will take the form of a Town Hall Meeting and will centre around the conference theme, ‘The Lagos Real Estate Emerging Markets: Mitigating Potential Risks,” Toke Benson-Awoyinka, Special Adviser to the state governor on housing, said.”
Benson-Awoyinka stressed the necessity for real estate sector players to defend the industry from imposters whose acts pose serious risks to it.
This year’s conference, she said, was planned to have seasoned speakers who would discuss potential dangers in real estate transactions, legislation protecting real estate investments and transactions, and policies and guidelines for the Lagos real estate market.
With this event, the state’s real estate market will be redefined, it will meet development standards, draw more foreign investment, and it will highlight potential in the state’s real estate market. stated the special adviser.
She gave her word that LASRERA will keep up its oversight of the constructed sector and limit any dangers to market participants. She thus asked conference attendees to register with the agency if they had not already done so.
She made a commitment that the state government would continue to host the annual conference for the stakeholders to strategize ways to make sure that real estate commercial transactions matched the state government’s vision for a smart city.
People from outside the EU/EEA are welcome to apply for a residence permit in Norway (previously known as a work permit). A residence visa may be required depending on your degree of expertise and the type of work you’ll be conducting in Norway.
This permit is for skilled workers, seasonal workers, self-employed persons, or employees in humanitarian, non-profit, or religious organizations.
Norway is a Scandinavian country in Europe with Oslo as its capital. The population is around 5.5 million, and English is the most widely spoken language aside from Norwegian. Other interesting facts are, 98% of the country is powered by hydroelectric power plants, the Nobel Peace Prize happens to be awarded in Oslo and the country is known for skiing, fishing, and hiking.
Most of its populace is gainfully employed. Regardless, Norway has room for skilled workers in different high-demand sectors of its economy. Foreigners who possess these in-demand skills stand a good chance of getting in.
Entry visa for skilled workers
Skilled workers who require a visa to visit Norway may be granted an entry visa in some cases, allowing them to travel to Norway to hand in their application for a residence permit to the police or wait for a response to their application for a residence permit.
This type of visa does not allow you to work in Norway, but it does allow you to stay in the country while the UDI processes your application for a residence permit.
To be granted such a visa, it must be probable that your application for a residence permit for skilled workers will be granted.
However, if you have already been granted a residence permit, you don’t need to apply for an entry visa.
Requirements for entry visas
You must have applied for, or are going to apply for, a residence permit for skilled workers with an employer in Norway or a residence permit for athletes or coaches.
You must have received a concrete job offer from one specific employer in Norway.
The job must normally be full-time.
You must have the qualifications as a skilled worker.
If you are going to work in an occupation for which approval or authorisation is required (external website), you must have such approval or authorisation. Health personnel, for example, must enclose an authorisation or licence from the Norwegian Directorate of Health (external website).
How to apply for an entry visa
You must apply at a Norwegian embassy.
Submit an application for a visitor’s visa, but write in the application that you wish to be granted an entry visa (D visa).
If you haven’t already submitted your application for a residence permit, you must now submit all the documents on the checklist for skilled workers.
The embassy will take into account your request for an entry visa. But if your application is turned down, you can write the embassy and appeal the decision. Your application will be given another review by the embassy. It will then be sent to the UDI before being approved or rejected.
According to the Royal Institute of the Architects of Ireland (RIAI), affordable housing is neither sustainable nor sustainable housing is affordable.
Planning policies may favour high-density sustainable development but measures had not been put in place to make these housing schemes viable, Claire McManus, an RIAI council member, said on Monday.
She was responding to warnings from the Irish Green Building Council (IGBC) that the State could not meet its climate action goals if it continued to allow the development of large, detached houses.
The IGBC is a non-profit organisation which advises professionals involved in sustain
The Government may say it is supporting compact growth, but that is not the reality of how the housing system operates, she said.
“What counts in the system is the cost to deliver, the sales values, and self-selected local opinion. Building houses on greenfield sites is the cheapest – it gets the least local opposition, and the sales values are higher than anything else,” she said.
“But if we started counting all the other stuff that we say matters, such as the ability to survive without a car, or the permanent loss of agricultural land and hedgerows, and the cost of all of these car journeys, if we counted all of those things and brought them into the system in a real way, in a financial way, then we’d start to see the more sustainable development being possible and viable,” she said. “But in the meanwhile the situation we have now is that affordable housing isn’t sustainable and sustainable housing isn’t affordable.”
Developers were not to blame for building estates of low-density houses as they were the most economically viable homes, she said.
“I think developers are very predictable,” she said. “If low cost meant walk-up apartments on brownfield sites, then the developers would be doing that.”
Schemes for the conversion of spaces over shops, of the renovation and adaptation of existing buildings, would be built if they made money.
“We need to have the systems in place to make the type of development we want to see possible … we really just need to make the sustainable housing models possible and viable and if we can do that, then they’ll happen.”
Incentives would not necessarily prevent the development of unsustainable detached homes and low-density estates, but it might make them less numerous. “Probably you’re never going to stop people from wanting to build a one-off house in the countryside but that shouldn’t be the cheapest option.”
able construction, and its chief executive, Pat Barry, said that while homes had been made more efficient to run, “they have also been getting bigger, so the impact of building bigger homes has offset the efficiencies”.
Ms McManus supports the development of higher density housing schemes and the reuse of vacant buildings, but this was not the most affordable housing to build.
“The lowest-cost housing is building houses on greenfield sites outside our urban centres and, therefore, that’s what we’re generally getting, and while planning policy supports compact growth, affordability and viability is a really strong force.”
How Budgetary Underfunding May Impede FG’s Housing Program In 2023
Hope of improved housing sector and infrastructure for Nigerians may be a mirage, following abysmally low budget allocation to the sectors in the 2023 fiscal year.
Although the N20.51 trillion proposed expenditure for 2023 is the highest in Nigeria’s history, The Guardian discovered that the expenditure in relation to Ministry of Works and Housing seems not to have shifted from that of the preceding year, as much of the spending is dedicated to uncompleted projects in roads and housing.
Specifically, the total budget for the ministry in 2022 was N515 billion out of which N441.1 billion was allocated for works, while in 2023, total of N300, 385,582.183 billion is allocated, capital projects would gulp N288.4bn, while overhead costs is allocated a sum of N667.8 million. The sum of N11, 240, 487.122 is earmarked for personnel costs.
In road construction, the Federal Government proposed expenditure of N175.4bn, out of this sum, N62 .2bn is to be spent on road rehabilitation and repairs, while another N45 billion is allocated to the housing sector.
Currently, the Federal Government owes contractors handling road and housing projects outstanding liabilities of N956 billion. Out of this, the government owes National Housing Scheme contractors N191.75 billion, while the remaining balance of N765 billion is owed to contractors handling road projects from the total contract value of N10.4 trillion.
During interaction withthe National Assembly, Minister of Works and Housing, Babatunde Fashola, said: “The National Housing Project is on course but the problems of paucity of funds through drastic budget slash and outstanding liabilities of N191.75 billion, need to be urgently looked into.”
He further said the challenge of highways development remains inadequate funding, adding that the government is committed to highway contractors to about N10.4 trillion, while about N765 billion are unpaid certificates for executed works.
The Chairman of the Senate Committee on Housing, Sam Egwu, told the minister to use the proposed N45 billion capital votes in the 2023 budget to complete the remaining 3,000 units of the 6,000 units national housing project.
Built environment experts, however, agreed that paucity of funds could threaten the provision of social housing, except government strengthens the frameworks for private sector participation.
They further said the allocation might not give professionals an avenue to showcase their competencies and emphasised that Nigeria is not spending enough to cater for the infrastructure needs of the projected 216 million population by 2023.
The President, Nigerian Institution of Estate Surveyors and Valuers (NIESV), Mr. Johnbull Amayaevbo, said government’s allocation of a paltry sum to the two critical sectors of the economy shows the nation is yet to appreciate their contributions to socio-economic development, especially in reducing unemployment in the country.
He said: “Housing, they say, is next to food and in a country where we have a huge deficit in housing and 133 million people, who are poor according to the National Bureau of Statistics, show that there is a big problem.
“Budgeting the sum of N45 billion where inflation rate is so high shows that we have not started in the area of housing and the situation would continue to be a critical challenge.”
He said the funding challenges is a wake up call for the Federal Government to collaborate with professionals in the housing industry, especially the estate surveyors and valuers to proffer solutions and reduce the huge housing deficit in the country.
Amayaevbo said the government couldn’t do it alone; they need to partner with the private sector, create an enabling environment for citizens to trust government in terms of infrastructure provision, security and political will.
Property developers, he said, need encouragement such as tax waivers and loan facility to procure building materials, facilitation of land acquisitions and provision of infrastructure like power, water, road and public facilities.
“Government has been making promises in that regard but are they actually implementing those promises? How many stakeholders in the building industry were parts of the planning stage of the government’s programme?” he queried.
On challenges facing the road sector, he said: “Since the Federal Government passed the burden of paying compensation claims to states, they have not been able to achieve much. Government should change that policy. The Federal Government employs contractors and consultants to carry out valuation of property affected as a result of Right of Way, and then ask the states where the projects are domiciled to pay compensation, when they were not involved.
“That has brought delay in execution of projects. That is why we have abandoned projects. You cannot destroy peoples’ property without paying them.”
A professor of building at the University of Lagos, Martin Dada, said if there are projects that have not been completed, to avert the risk of abandonment, it is economical to complete such projects with available funds.
The major duty of government, he stated, should be to provide an enabling environment for the sector. However, he said, if government has the capacity, it should focus on provision of social housing.
Martin stated that a major way to fund infrastructure is through Public-Private Partnership (PPP), but warned that the process must be transparent.
“Oftentimes, PPP model is a way out but any private sector operator that wants to do PPP, will also seek an enabling environment with regards to the risks. To better the lot of Nigerians, including the professionals, local content law should be fully enforced in budget implementation, procurement of goods and services, science, technology and other projects,” he added.
The President, Association of Professional Women Engineers of Nigeria (APWEN), Dr. Elizabeth Eterigho, argued that the present budget provision for the two critical sectors don’t meet expectations of professionals in the construction sector.
Eterigho, said if the ministry removed the amount owed to contractors from the budget, the remainder will be too small to carry out other projects.
According to her, there is also need for proper justification why the government owes contractors such a huge amount of money.
“Monitoring needs to be strengthened. Has the government investigated what the contractors claimed to have done? And at what percentage of completion?
“The legislators should look at that. In Nigeria, we don’t have good roads. If you look at the amount budgeted in 2022, l don’t think the government captured all the roads. The point is, which of the roads have they started and completed or that was halfway in 2021 and was completed in 2022.
“The problem of roads has affected the economy generally. The people in the rural areas cannot come to the market because of bad roads. And when they come, there is an increase in transportation cost and where there is a hike in transportation; the sellers increase prices of goods. People in return buy something small at an expensive rate.”
She said if the 2023 budget is to be implemented correctly, the nation needs indigenous contractors/engineers for road construction, as well as proper supervision.
“We need 30 per cent female representation on board and across all sectors. We also need to improve maintenance of our roads before they go completely bad. The way roads are constructed in the North is quite different from the South. Same thing is applicable to building structures. If the government is using N45 billion to complete ongoing projects, it can mean no new provisions for housing in 2023.”
In terms of Science, Technology, Engineering and Mathematics (STEM) development, she said the ministry should lead, especially in areas of smart cities, amenities in estates using technology to bring it to reality.
“That will help in STEM development and having places to teach the young ones who are coming up on how STEM can improve the life of the people,” Eterigho said.
Properties’ Conversion From Residential To Commercial: The Dilemma
Metropolitan Benin City is essentially a traditional society with a traditional economy which experienced a long transitional period in response to inevitable influence of growth, modernization and other environmental factors. Consequent on industrial revolution, commercial activities increased tremendously with modernization. The influence of these commercial activities created path way to urbanization.
Due to the unprecedented increase in commercial activities, there was a dearth of commercial properties to match the demand. The result was the conversion of residential properties to commercial use without regards to the existing Town Planning Laws and Regulations.
Conversion of residential properties to commercial use has reduced and is fast reducing the housing stock resulting to steady rise in rent due to increase in demand for available residential accommodation. Rural-Urban drift coupled with the dearth of residential accommodation have occasioned overcrowding creating slum environment in some areas like New Benin, Upper Sakponba, Ogida, Uwelu Quarters etc. Even the Government Reserved Area which hitherto was the pride of the city has been bastardized, defaced, making some areas to have high density look. Commercial properties, temporary structures and caravans have taken over.
Even the government planned housing estates in Benin City are not left out such as Ugbowo, Iguosa, Oregbeni and Iyekogba Housing estates. Some of the units have been converted to hostels, guest houses, schools, restaurants etc. without obtaining the required consents.
In the case of Evboriaria layout as well as Etete layout, the original low density residential schemes are fast eroding or diminishing as commercial buildings are now dotting everywhere in the said layouts.
Conversion of use of properties is the change in the original pattern/plan of a property from one purpose to the other which may or may not necessarily involve structural change or ownership change, renovation, alteration, extension and or improvement. Though Government has tried to fight this contravention with its machinery but it has not been adequately successful due to some factors both human and environment factors.
Some years back demolition exercise was being carried out weekly but what slowed down the tempo would be a matter for research. While commending the Edo State Government for its resolve to create a New Town, it is necessary the land use pattern as designed/zoned should be strictly adhered. Also the sensitization programm being carried out is also commendable.
Sequel to the above and in order to create serene environment and discourage conversion, the following steps are recommended:
Proper enlightenment campaign should be done to educate the citizens on the implication of conversion without following due process
Equipping the Town Planning Authorities with the necessary resources such as vehicles and man power for implementation.
Professionals in the Property Industry or built environment should be used as communication channel for educating the people.
Review of obsolete laws and regulations.
Proper Government machinery to checkmate the contraveners.
In addition to the above recommendation there are evidences that Town Planning Laws have been in existence, perhaps the problems are in the implementation. It has therefore become expedient that the operational Laws should be strictly enforced to discourage indiscriminate conversion.
ESV Rogers O. Isiokherhe (ANIVS, RSV) writes from Benin City, Edo State.
Government Engages Stakeholders, Citizens On Residency Card In Edo State
Edo State Government has restated commitment to issuing one million residency cards to Edo citizens before the fourth quarter of 2024, calling for the support and collaboration of all stakeholders towards the realisation of the goal.
The state Head of Service, Anthony Okungbowa, made the call while addressing journalists in Benin City after stakeholders’ engagement on the target realisation and project sustainability.
Okungbowa, in a statement by Special Adviser to the Governor on Media Project, Crusoe Osagie, said: “The governor has told us that before this administration exits, he wants to ensure that, at least, one million residency cards are produced. He does not want one million cards produced and issued but that virtually everyone in this state would have been registered and issued Residency Number to identify them, even without the cards.
“Mr. Governor launched the project on November 11 at the 2022 Alaghodaro Summit and from that point, we are supposed to take it further because it was also announced on that day that people could now register for the project.”
He said the project would help collate data for the government’s development plans, adding: “It is going to enable us as a state to plan. You know without data, you are not going to be able to plan effectively for the people of the state.”
“What we have done in the past was to plan but haphazardly; plans that you weren’t sure of because there were not enough data to know who the people you are planning for are, what are they do and what is in these plans for them.
“Today, we had people from the council. We are not going to be going from place to place to register people. We are going to domesticate this within the local governments so that after this initial phase, they will keep it on.”
Special Adviser to Edo State Governor on Strategy, Policy, Planning and Performance Management, Sarah Esangbedo Ajose-Adeogun, said the card would assist in providing access to health programmes aimed at specific groups; provide banking services for the unbanked population; assist in providing the right benefits to the right set of people and institutions such as school, hospital, and pensioners, among others.
According to housing minister Hardeep Singh Puri, India’s cities will need to develop 700-900 million square meters (sqmt) of built environment each year to fully realize their economic potential.
Stating that the construction industry should capitalise on this huge opportunity, the minister said that sustainability of these efforts should remain the focus area.
“It is important that the real-estate and construction industry capitalises on this huge opportunity. India’s urban rejuvenation is an important facet of the vision of Prime Minister Narendra Modi to transform India into a developed nation by 2047, a key component of which is India’s advocacy for green and climate resilient infrastructure. It is imperative that these sustainability considerations are also imbibed by the construction industry,” Puri said.
“The built environment generates significant carbon emissions accounting for almost 39% of gross carbon emissions worldwide. It is necessary that urban India adopts resilient construction technologies to achieve the target of zero emissions by 2070,” the minister said in his virtual address for the Propagate 2022 summit.
The Propagate 2022 summit is Asia’s first proptech accelerator programme. The day-long summit was held in Bangalore. During the summit, sessions on smart design & planning, smart construction, smart finance & investments, making of proptech unicorns and challenges for proptech adoption were hosted.
“With sustainability being a key focus area today, it is important for the construction sector to focus on technologies that will help reduce the environmental impact caused by increased construction needed for economic growth. It is also vital that developers align with academia to create awareness and build a sustainable ecosystem,” said Karnataka IT minister CN Ashwath Narayan.
“The real estate and construction industry have been late adopters of technology. However, this is changing with unprecedented interest from developers, investors and especially start-ups. In 2016, the real estate industry invested less than 0.5% of revenue in technology. Today, that number has more than doubled… but, a lot more needs to be done. It is imperative that the sector accelerates the adoption of technology, and this is possible only if we pool in our intellect, intent and resources behind innovative technology that improves productivity, efficiency and protects the environment,” said Brigade Enterprises chairman MR Jaishankar.
Prompt Delivery Of Rehabilitation At Abuja Federal Secretariat Guaranteed – Julius Berger
Julius Berger Nigeria Plc, has assured the Federal Government of quality of work and prompt delivery of Phase 1 section of the Federal Secretariat, Abuja, whose rehabilitation by the company was flagged off by the Minister of the Federal Capital Territory (FCT), Malam Muhammad Musa Bello.
Bello, who flagged off the rehabilitation on Tuesday at the complex, described the exercise as a milestone in efforts to rehabilitate public buildings and infrastructure in the Nation’s capital.
He said that the secretariat complex, like many other public buildings in the FCT, was constructed 30 years ago and hence requires rehabilitation, adding that the exercise came as a result of several discussions with the Head of the Civil Service, Dr. Mrs. Folashade Esan, who was passionate about providing a conducive working environment for civil servants.
Managing Director of the company, Dr. Lars Richter, who was represented at the flag-off on the first Phase of the secretariat rehabilitation by Regional Manager for Abuja Operations, Oliver Berger said the Federal Secretariat was first built by Julius Berger decades ago and has stood the test of time.
He said: “It might interest you to know that this building, the Federal Secretariat Complex, Phase 1, for which we have been awarded a contract to rehabilitate, is one of our company’s proud legacies.
“Our company’s relationship with the Federal Secretariat Complex dates back over three decades.
“On January 22, 1990, Julius Berger was given the contract to build the Federal Secretariat, and we are proud to say that the building’s structure is still strong to this day, making it a point of reference for quality construction.” He said the rehabilitation work will bring the building back to its former glory “and infuse it with an impressive touch of modernity”.
The main work, he continued, “is fixing up the wet areas, which include tearing down and replacing all the plumbing components, tiles, partitioning walls, ceilings and all the pipes and cables for the mechanical and electrical systems”. Other aspects of the rehabilitation works to be effected by Julius Berger include repairing the roof by replacing the old felting that has reached the end of its life span; installing a new booster station with pumps to serve the entire building, rehabilitation works on the lighting, aluminium vents, natural stone flooring, glass panels and painting.
“The building’s two lifts will be replaced with new ones, while the emergency stair cases will be upgraded for easier and safer exit. The 10th and 11th floors, which were damaged by fire a while ago will now undergo renovations.” Berger said.
On fears of disruptions to the daily work during the exercise, he said, “As it is our usual tradition at Julius Berger, working seamlessly on an operating site, we have come up with a plan to fix up this building without getting in the way of the officials who work there. Along with doing our work in phases and weekends, one notable intervention is giving the client portable toilets to use while the wet areas are being fixed.
“The company will in conjunction with the users of the building ensure that all works are carried out successfully, while still providing comfort to the civil servants at work,” he added.
On funding of the project, Malam Musa Bello said the budgetary provisions were a constraint and called for serious efforts to ensure adequate funding.
He also frowned on the level of abuse on public buildings in the FCT and called for reforms in the existing procurement system for the maintenance of public facilities.
Meanwhile, the Head of the Civil Service of the Federation, Dr. Yemi Folashade Esan, has commended the FCTA for working to ensure that the environment where civil servants spend most of their time was conducive, noting that the rehabilitation would come with increased productivity. She added, “I am glad that the FCT with the FCDA, alongside Julius Berger, is working to make sure that the environment is very conducive for civil servants. I am also looking forward to the end of this rehabilitation”.
Speaking at the event, the Executive Secretary, Federal Capital Development Authority (FCDA), Shehu Hadi Ahmad explained that the Federal Executive Council, after due process, graciously approved the award of the Phase 1 of the contract to Messrs. Julius Berger Nigeria Plc with completion period of 24 months.
He added that the rehabilitation work would be carried out in phases to ensure that government activities are not paralysed as the works are being executed.
Married couples frequently begin living apart without seeking a divorce as cases of marital discontent rise. Due to the stigma associated with divorce in India, most couples do not choose to get divorced as their first option very often. However, if the separation is not formally legalized, a number of issues may arise.
Informal separation leads to several property and maintenance related disputes and finding a legal remedy in such case may be difficult for both the parties. Here, we would examine the property and maintenance rights of deserted or abandoned wives in India.
Maintenance rights of deserted wife, her children
In November 2020, the Supreme Court of India has ruled that deserted wives and her children are entitled to alimony/maintenance from their husbands from the date they apply for it in a court. While stating that women deserted by husbands are left in dire straits, often reduced to destitution for lack of means to sustain themselves and their children, the apex court, in its 67-page judgment, said that the order or decree of maintenance may be enforced like a decree of a civil court, through the provisions, which are available for enforcing a money decree.
While maintenance cases must be settled in 60 days, they typically take years in India to get resolved.
The top court also stated that the argument that a husband does not have any regular source of income does not absolve him from his moral duty to maintain his wife and children.
Establishing that a deserted wife should get an alimony, which fit the standard of life she was used to in the matrimonial home, the SC said that the spiralling inflation rates and high costs of living must be considered at the time of deciding the maintenance.
“Education expenses of the children must be normally borne by the father. If the wife is working and sufficiently earning, the expenses may be shared proportionately between the parties,” the SC added.
What qualifies matrimonial desertion?
According to the SC, desertion is the intentional abandonment of one spouse by the other without the consent of the other and without a reasonable cause. The deserted spouse must prove that there is a factum of separation and there is an intention on the part of the deserting spouse to bring the cohabitation to a permanent end.
When can a deserted wife not claim maintenance?
Under Section 125 of the Code of Criminal Procedure, a wife can’t claim maintenance from her husband if she is living in adultery.
The same is true if the wife refuses to live with her husband without any reasonable cause. In February 2022, the Supreme Court dissolved a marriage on the ground of desertion as the wife failed to provide a reasonable cause for remaining away from her matrimonial home.
“There should be animus deserendi on the part of the deserting spouse. There must be an absence of consent on the part of the deserted spouse and the conduct of the deserted spouse should not give a reasonable cause to the deserting spouse to leave the matrimonial home,” it said in the judgement.
The wife cannot claim maintenance if the couple is living separately by mutual consent.
Note, the provisions of Section 125 of the CrPC also include unmarried couples living together for years within its ambit.
Property rights of deserted wife, her children
Legally, an abandoned wife and her children have the right to stay in her husband’s house. Under the existing Hindu laws (also applicable on Sikhs, Jains, and Buddhists), a deserted wife can’t seek the division of her husband’s self-acquired, or ancestral property.
“An abandoned Hindu wife can’t stake a claim in her husband’s ancestral or self-acquired property for as long as he is alive even though she certainly can claim to reside in such a property,” said Brajesh Mishra, a lawyer practicing in Gurgaon.
Mishra, however, added that she could stop the sale of her husband’s self-acquired property if she is able to prove that her money was also used in purchasing the property. This makes it pertinent for the wife to provide documentary proofs of her share in the property.
Deserted Hindu wife can stay in husband’s rented house: SC
In a 2005 ruling, the Supreme Court made it clear that the deserted wife and children also have the right to live in her husband’s rented house.
What happens in case of the husband’s death?
In case the husband of a deserted wife dies, she may or may not acquire the right in his self-acquired property.
In case, he died without leaving a will (known as dying intestate in legal parlance), his self-acquired property will be divided among his legal heirs under the provisions of the Hindu Succession Act.
In this case, the wife will get her share as the husband’s Class 1 heir.
“In case the husband dies leaving a will and neglecting his wife from his self-acquired property, his wishes will take prevalence. As no such liberty is meant for ancestral properties, the wife will get her share in her late husband’s inherited properties,” added Mishra.
What if the deserted wife divorces her husband in the meantime?
Keeping in mind that an abandoned wife’s property and maintenance rights would be very different in case she proceeds with the divorce. Such woman divorces her husband even as her petition for property rights and maintenance is pending before the court, the decree of divorcee would take precedence.
In its ruling on rented accommodation, the apex court has made it clear that a divorced wife can’t claim tenancy as she ceases to be a member of her husband’s family. If this rented home is part of the divorce settlement, the wife will have to claim tenancy of this rented house in her own name.
Under which law can a Hindu wife claim her maintenance?
Section 18 of the Hindu Adoptions and Maintenance Act, 1956 stipulates that a wife would be supported by her husband throughout her life.
What should a deserted wife do to claim her husband’s property?
The wife can either file a suit for partition of her husband’s property, or file for divorce.
Which section of the Code of Criminal Procedure allows a deserted wife to claim maintenance from her husband?
Section 125 of the Code of Criminal Procedure allows a deserted wife to claim support from her husband.
Does a deserted wife have the right to seek partition of her husband’s ancestral, or self-acquired property?
No, the wife does not have the right to seek partition of her husband’s ancestral, or self-acquired property. A married woman, even if abandoned, can inherit her husband’s property only after his death.