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hma 1955, sec 27, recovery of assets made in wife's name


HMA 1955, Sec 27, Recovery of Assets made in Wife's name

 

A requet for relevant citations, comments, suggestions and explanation of statutes 

In regards to recovery of Money, Financial Assets (FD, Bonds, Gold, land, apartment, vehicles, contributions in her LIC )

 

 

Is there any provision in Sec 27 of HMA to recover property in sole name of "Wife" which is procured solely from the income of the husband

 

 

I am going to ask for injunction. Does wife become the owner of property and assets just because husband invested money in her name? Is it legally appropriate on her part to claim her ownership?

 

 

Wife is not a keep or prostitute who takes in return for the conjugal

 

 

Consortium of marriage and estate of marriage can't be given a 'cheaper' perspective by legally allowing the wife to claim money invested in her name even though didn't earn it.

 

 

Money was invested in faith that  and she would be with her husband in the thick and thin of life.

 

Marriage is sacrament relationship and beyond any partnerships which can be formulated and captured in any partnership agreements on paper

 

 

But when the wife asks for the separation, then how morally she can claim her ownership on these assets?

 

Or else she should take that money but shouldn't ask for divorce,

and her 'plea of divorce' should actually become weak, shouldn't it?

 

 

Please give legal remedy, expert suggestions and judgement citations, useful to husband side, if any

 

 

Best Regards

 

Vinod

 
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lawyer

You can file the counter.

 
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UNEMPLOYED

AS YOU ARE THINKING, SEC 27 NOT LIKE THAT. SEC 27 HMA AS BELLOW.

 27.Disposal of property. In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, Which may belong jointly to both the husband and the wife.

IF THE PROPERTY IS JOINTLY OWNED IN THE NAME OF THE BOTH SPOUSES AND THERE IS A DISPUTE ON THE SAID PROPERTY, THEN SPOUSES MAY PRAY BEFORE THE COURT FOR DISPOSAL OF IT.


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UNEMPLOYED

IT IS VERY DIFFICULT TO RECOVER THIS MONEY FROM THE GRIP OF  THE WIFE. ONCE YOU GAVE IT WILL BE TREATED AS HER PERSONAL PROPERTY AND NOT OF YOU.

 

THEREFORE THINK SEVERAL TIMES, BEFORE DONATING A SINGLE PAISA TO YOUR WIFE.

THIS MAY BUMERANG TO YOU.

 

AGE OLD HINDU MATRIMONIAL SYSTEM MADE THE HOUSEWIVES 'RANI' (THE QUINE) OF THE HOME, PEOPLE KEEP VALUABLES IN THEIR NAME AND THOUGHT THAT IT WAS THE SAFEST PLACE.

BUT NOW THE HINDU MARRIAGE ACT MAKES THEM 'NOKRANI' (THE SERVENT) INSTEAD OF 'RANI'. THEY COME FOR A SHORT PERIOD, THE PERIOD UNKNOWN TO US (JUST LIKE A SERVENT).

THEY TRY TO SNATCH THE PROPERTY FROM HUSBAND'S FAMILY AND THEN QUIT.

THIS IS THE LATEST TREND.

FOLLOW PAST CASES OF LCI, YOU YOUSELF WILL BE THE WITNESS OF THESE.

YOU. WATCH YOUR NEIGHBOURING PLACES YOU WILL SEE THE SAME THING HAPPENING.

 

BE AWARE OF THESE DENGARAOUS PERSONS.

 

LOVE HER  (SO FAR THEY ARE WITH YOU) - NO PROBLEM.

DO SEX - NO PROBLEM.

NEVER  KEEP SOME MONEY OR PROPERTY IN HER NAME AS A TOKEN OF LOVE - THIS MAY CREATE A 'BAMBOO' FOR YOU IN FUTURE.

 

MR VINOD,

ACTUALLY THIS ADVICE IS NOT FOR YOU.

THIS FOR MY YOUNG FRIENDS TO WARN THEM.


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propra

Arup ji,

 

You may have come to such above opinion due to frustrations and helplessness expressed by all hapless husbands caught in this kind of scenario.

 

 

Recovery and settlement of assets happens and should happen based on contribution of an individual in it. There is never a financial trasaction between husband and wife, And if husband gives money to wife it is not contrued as 'given permanently' and it does not require any formal deed/agreement with formal registration fees unlke other partnership/loan agreements.

 

 

Marriage is sacrament and crosses all boundaries of partnerships deeds.

 

 

Judiciary can't afford to send wrong messages to society like   'Never evertrust your spose or kids......... and never invest anything in their name................ because financially it becomes unrecoverable in case of dipute'

 

 

If the judiciary manages to send such wrong messages to society by erroneous judgements then...judiciary is causing to flout the lprinciples that "Marriage is sacrament' and on top of it, Judiciary would purversely encourage suspision in society about marriage and concept of trust, companionship in the 'thick and thin of life' in matrimony

 

 

But errant wives need to be stopped And Husbands of above category be awarded the justice and against wives. and relevant provisions in law should be searched, researched and explored incessantly for the betterment and in the interest of justice in a real sense.

 

Questions:

Should a wife be allowed call  "the investment made in her name by husband" as a remuneration/property/assets permanently in her name??  (Correct Ans: NOOOOOOO)

 

If anyone says 'YES' then................ Aren't we giving a 'cheaper' tag to the sacrament relationship of matrimony? Wife is a wife (and not keep, concubine, prostitute etc.)

 

Is the Hon Judiciary having the powers to degrade the sactity of such a relationship? (Correct Ans: NOOOOOOO)

 

 

Even CEO, COOs in a company are given unfettered powers to hold whole company's assets and take undertakings/decisions  in financial matters...Do we allow the financial siphoning over there by CEOs, COOs...isn't it breach of trust? Should we let off Satyam CEO without punishment? If wife gets estranged, doesn't that mean that she expected to honestly give up powers, previleges conferred by vitue of matrimony and the trust by other spouse?

 

 

If an employee resigns from acompany or decides to part ways, isn't that employee required to give-up controlling powers in the affairs of that company? Is he/she entitled to carry along the property of company as his/her self decided 'settlement payoff'?

 

 

If wife doesn't relinquish the control over assets not earned from her earnings, then wife's whole plea is liable to become 'infructuous and with no substance'

 

 


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propra

Assets made in the sole name of wife from earnings of the husband are NOT her property/assets...and she is entrusted only with fiduciary duty naturally due to estate of matrimony and nothing beyond that.......and although it is the duty of husband to maintain wife whether divorced or not. ................ it does NOT entitle to wife to say.............. "money  invested in my name, by my husband, is mine ...................and on top of it......................... husband has to maintain me even after divorce!!!!"

 

 

Husbands are not slaves and law can't stamp them like the same.

 

If any allegations are made by wife in regards to financial things such as ...husband never cared for her or never gave money etc etc...it is liable to prove that wife in fact concealed material facts and approached judiciary with unclean hands..........

 

 

Wife can not be given a license to eject from matrimony and take away husband's money and on top of it ask for maint and alimony.....................Her behavior is like those who 'float ficticious schemes of investment and elope with the investors money"

 

 

Case is made out for a recovery suit to recover money from wife!!!!

 


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UNEMPLOYED

MR. / MS. JAMAI OF LAW,

IT IS NOT ONLY MY PERSONAL EXPERIENCE, MANY THREADS OF LCI AND OTHERS ARE THERE, WHICH SUPPORTS MY DOCTORINE IN THIS MATTER.

PERHAPS YOU WELL AWARE OF IT.

 
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