Case query

Section 27. HMA provides, 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.

Stridhan is an absolute property of the woman/wife not jointly owned property of both husband and wife. Section 27 applies to property presented at or about the time of marriage not thereafter or before the marriage. Here too the term used is "which may belong jointly to both ..." that doesn't mean the court cannot take in consideration the property that belongs to any one of the parties. If the wife has taken any property with her that was belonging exclusively to the husband that too can be sought back by the husband if wife is seeking her stridhan back from the husband.

The disposal of property has to be done at the time of making decree of divorce. Although section 27 of HMA has kept the issue open for this issue of disposal or property even after passing of decree of divorce as the court provided discretionary power to decide this issue as it deems just and proper, hence even after so many years of the passing of decree of divorce the application u/s 27 HMA was entertained by the Family Court.

In your case the application seems maintainable although in defense the objections with regard to time limit as well not being jointly owned property of both can always be raised as explained above.

As far using sir name by wife that is her discretion as any person can use any name or sir name as he/she so desire, however you can always make this an issue in defense against her application u/s 27HMA, pointing this to the Family Court and seeking an injunction order against her using your sir name after the divorce finalization long back.

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