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AAAAARRRRK (Others)     29 September 2015

Declaratory suit

In an ongoing Divorce Case, if a particular property is in the joint name of husband and wife, what is the legal position ? Husband is the first owner, all money has been paid by the husband for purchase of property, he has only reflected in his I-Tax Return throughout.

Now the question is, can the husband file a declaratory suit and what are the benefits of doing so ? Since the lady is trying to take undue advantage by filing false cases and complaints where ever possible, just to harass the husband and take maximum financia advantage. She is a working lady and earning more salary than the pension of the husband.

What are the remedies available for the husband under the circumstances?



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 1 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     29 September 2015

She has a right to claim her share as the properties were purchased during the marital period and that too jointly owned.But that is a civil matter,go through section 30 of HMA.

Declaratory Suit is of no use at this moment.Go through the meaning of it.


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