Disposal of joint property on decree of divorce
Adv. Deepak
(Querist) 25 January 2016
This query is : Resolved
Respected Sirs,
Husband H filed divorce petition against wife W. H and W are having a 2 BHK flat as joint property. Husband has not made any pleadings in the petition. Court has not framed issue as disposal of joint property. If husband H succeeds, and Court remains silent on disposal of joint property, will H be able to remove the name of W from the title deeds of joint property? What remedy is available to wife W so that it will not happen like that.
Regards.
P. Venu
(Expert) 26 January 2016
The proposition, as stated, is unknown to the law. It is open to the wife to seek partition of the joint property at any stage.
Rajendra K Goyal
(Expert) 26 January 2016
The name of divorced wife can not be removed by the husband only, both has to agree.
Isaac Gabriel
(Expert) 26 January 2016
Who is in possession of the joint property.Whether H or W?
J K Agrawal
(Expert) 26 January 2016
In divorce petition it is mandatory to mention about the joint properties as at the time of final decision, it will be considered.
Adv. Deepak
(Querist) 26 January 2016
Respected Isaac Gabriel Sir, Husband H is in possession of the joint property.
Respected J.K. Agrawal Sir, Husband has filed the petition and did not mention anything about the joint property. However, Wife filed WS and she raised the point of joint property. Is it mandatory on the Court to consider the disposal of joint property while passing the decree of divorce in favour of husband?
Respected Sirs, Request to kindly advise.
K.S.Srinivas
(Expert) 04 February 2016
On dissolution of marriage the rights and interests in joint property of husband and wife are to be determined by equitable approach in which fifty-fifty has been the general guideline.
