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Kavitha (senior level management)     20 June 2009

Benami transaction

Dear friends,

In one case, before marriage, husband and in-laws told the girl's family that jewellery shop is on husbands name, but now when girl filed the case for maintenance and compensation under DVC Act, the husband is telling that his father has purchased the shop and he is just owner of the shop as benami transaction. What recourse is available to girl now? 



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 4 Replies

Legal Fighter (Advocate)     20 June 2009

how does it matter under DV Act. The girl has just right to residence, that too in shared household. Ownership of shop is irrelevant for the cause and compensation under DV act.

Saifullah.C (Advocate,Chennai)     20 June 2009

This is a  issue that  has to be gone through during the time of trial with relevant docs and witnessess.nothing can be inferred at this stage.

adv. rajeev ( rajoo ) (practicing advocate)     20 June 2009

Learned members are right.

Swami Sadashiva Brahmendra Sar (Nil)     20 June 2009

This issue may be relevant for grant of final maintenance.  For interim maintenance they can not take benefit of this plea.

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Dr. V.N. Tripathi, Advocate, Allahabad High Court. Mob: 9839527421

 

 


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