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A view of Delhi High Court. | Photo Credit: File Photo
The court docket, whereas listening to various points arising from a matrimonial dispute between a pair, held that the spouse is entitled to a 50% share within the proceeds of the property collectively held by the couple.
“Once the property stands within the joint names of the spouses, the husband can’t be permitted to say unique possession merely on the bottom that he alone supplied the acquisition consideration,” the court docket mentioned within the September 22 order.
“Normally, when a husband and spouse purchase property through the subsistence of marriage, the presumption in regulation is that such acquisition is constituted of frequent household funds and that each spouses have contributed equally, no matter whether or not considered one of them is incomes or not,” the court docket famous.
The court docket additionally struck down the submission of the spouse that the proceeds from the sale of the property will turn into a part of her ‘stridhan’ beneath Section 14 of The Hindu Succession Act and due to this fact, she has the unique possession over the identical.
“However, a property collectively bought on the time of marriage can’t be handled because the stridhan of the lady, as stridhan is confined to these properties that are gifted to her voluntarily by her mother and father, kinfolk, husband, or in-laws, both earlier than or after the wedding, and that are meant for her unique possession and pleasure,” the court docket clarified.
“A collectively acquired property, bought within the identify of each spouses, is by its very nature a joint asset and can’t fall throughout the ambit of stridhan, since it’s not a present solely made to the spouse however moderately an acquisition contributed to and held by each events,” the court docket added.
Published – October 04, 2025 01:10 am IST
