Husband can't assert exclusive ownership over joint property because he paid EMIs: Delhi HC
New Delhi(PTI): A husband cannot assert exclusive ownership over a property jointly acquired and registered in the name of both spouses, solely on the basis that he paid the EMIs, the Delhi High Court has held.
A bench of justices Anil Kshetarpal and Harish Vaidyanathan Shankar made the observation on September 22.
"Once the property stands in the joint names of the spouses, the husband cannot be permitted to claim exclusive ownership merely on the ground that he alone provided the purchase consideration," the court said.
It said the husband's claim would contravene Section 4 of the Prohibition of Benami Property Transactions Act, which bars a person, claiming to be the real owner of the property, from instituting any suit, claim or action to enforce rights against any other person in whose name the property stands.
In her petition before the high court, the wife also claimed that 50 per cent of the surplus amount belonged to her, asserting that it formed part of her stridhan (a woman's absolute and exclusive property as per Hindu Law) and, therefore, she had exclusive ownership over it.
According to the petition, the couple got married in 1999 and jointly purchased a house in 2005 in Mumbai. However, they began living separately in 2006, and the husband filed for divorce the same year, which is currently pending.
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UP Cong holds statewide protest seeking probe into FIR against Swami Avimukteshwaranand
Lucknow (PTI): The Uttar Pradesh Congress on Wednesday staged a statewide protest demanding a fair and transparent inquiry into the FIR lodged against Swami Avimukteshwaranand Saraswati and those who filed the complaint against him.
In a statement issued here, the party said memorandums addressed to Prime Minister Narendra Modi were submitted through district magistrates in all districts of the state.
Uttar Pradesh Congress spokesperson Manish Hindvi told PTI that the memorandums were handed over through the district administration in all 75 districts.
In the memorandum, the party alleged that Saraswati and his disciples were "unnecessarily harassed and humiliated" by police on the occasion of Amavasya and were prevented from taking a ritual bath (at the Magh Mela). It further alleged that some disciples were manhandled and taken to a police station.
The memorandum also claimed that an FIR was later registered against Saraswati, his disciple Swami Mukundanand Brahmachari and several unidentified persons in a sexual harassment case. It termed the case a "conspiracy" aimed at tarnishing the seer's reputation.
Citing Articles 25 and 26 of the Constitution, the memorandum stated that these provisions guarantee religious freedom and the right of religious denominations to manage their own affairs.
It described the position of shankaracharya held by Saraswati as "one of the highest spiritual posts in Sanatan tradition" and alleged that the entire episode appeared to have been "orchestrated in a planned manner".
"We request that the background of the persons who got the FIR registered be investigated in a transparent manner by a retired high court judge and strict action be taken against them," the memorandum said.
It also sought a "fair and transparent probe" into the allegations levelled against Saraswati so that the truth could be established.
Earlier, Uttar Pradesh Congress president Ajay Rai had told reporters in Varanasi after meeting Saraswati that the party stood firmly with him.
The Congress said it would continue to press for an impartial inquiry into the entire episode.
On February 21, an FIR was lodged in Prayagraj against Saraswati and his disciple Mukundanand Brahmachari on charges of sexually abusing two persons, including a minor, over the past year at a gurukul and religious congregations, including the recently concluded Magh Mela.
Days after he was booked, Saraswati had said on Monday that he would not oppose his arrest and asserted that the "fabricated story" would be exposed sooner or later.
At a press conference on Wednesday, Saraswati alleged that criminals rule in Uttar Pradesh, level allegations and influence investigations, as he denied having any contact with the two persons for whose alleged sexual abuse he has been booked.
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