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Anjali Sharma (advocate)     02 January 2020

martial income during subsistence of marriage

marriage lasted for 10years, husband do not allowed his educated wife to do job, house purchased in both husband wife names. husband plea in court that since house is purchased from husband income, hence wife have no right on house.


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 5 Replies

G.L.N. Prasad (Retired employee.)     03 January 2020

The wife should establish that it is impossible for him to acquire that property at his given age with his income alone, and there is direct and indirect contribution from a wife also.  It is the court that has to be convinced on such shares as to whether it is exclusive property of husband only, and if wife gets a share to what extent.

P. Venu (Advocate)     03 January 2020

Court - which Court? What is the nature of the proceedings?

Dr J C Vashista (Advocate)     06 January 2020

Incomplete facts are posted by you.

What is the opinon and advise of your lawyer engaged and paid by you to proceed / contest your case(s) who is well aware about facts and circumsatnces / documents of the case and an able, competent and intelligent enough to satisfy you. However, if you are not satisfied with the performance, competence or behaviour of your lawyer it is better to change him/her immediately. 

If you feel strong for second opinon,  it is advisable to consult another local prudent lawyer for better appreciation of facts, professional guidance and proceeding.

Anjali Sharma (advocate)     06 January 2020

facts are in short brief as my query is whether court can allow husband to be sole owner of the house as house had been purchased from his income, house is registered in both husband and wife name

T. Kalaiselvan, Advocate (Advocate)     16 January 2020

If the house property had been purchased by a joint registered sale deed on the names of husband and wife, then the wife is having equal share in the property.

The husband cannot deny or deprive her rights in the property.

The rights to property is having  constitutional protection.


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