Sec 27 hma

If you are claiming the property as maintenance then HMA is appropriate. If not you need to file a separate legal proceedings for relief as against the property.

Can the wife claim half share of house under sec 27 which is jointly owned by her and she has paid only 10% of entire amount.

Does section 27 works for self earned property  also or only for gifts etc. presented at time of marriage.

Thanks

1. S. 27 of the Hindu Marriage Act uses the phrase 'property presented at the time of marriage, which may belong jointly to both the husband and the wife. This section has one prerequisite as laid down in the Balkrishna case (see below); the property must be connected with the marriage. So far as the question of property being jointly owned by the parties is concerned, suffice to say that the section nowhere uses mandatory word 'must', it uses the word 'may'. The phrase 'which may belong jointly'-because of the use of the word may- includes within it penumbra the property which may not belong jointly to the parties. In my opinion S. 27 of the Act does not confine or restrict the jurisdiction of matrimonial courts to deal only with the joint property of the parties, which is presented at or about the time of marriage but also permits disposal of exclusive property of the parties provided they were presented at or about the time of marriage.

2. Under S. 27 of the Hindu Marriage Act, Matrimonial courts have jurisdiction to dispose exclusive property of the spouses provided it was presented at or about the time of marriage.

3. 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 wife.

4. The Allahabad, High Court, Bombay High Court, and MP High Court (see below for citation of these cases) have taken a contrary view and have held that exclusive property of the parties can also be dealt by the matrimonial courts.

i. Kamta Prasad Vs. Smt. Om Wati [AIR 1972 All 153]
ii. Sangeeta B. Kadam Vs Balkrishna R. Kadam [AIR 1994 Bombay 1]
iii. Ashok Kumar Chopra Vs. Smt. Visandi [AIR 1996 MP 226]

5. The Delhi High Court, Orissa High Court, Jammu and Kashmir High Court, and Punjab and Haryana High Court (see below for citation of these cases) have held that exclusive property of the parties cannot be dealt by the matrimonial courts under S. 27 of the Act and they should seek remedy before regular civil courts.

i. Smt. Shukla Vs. Brij Bhushan Kakkar [AIR 1982 Delhi 223]
ii. P. Maharajan alias Nadarajan Vs. Chakalayil Kanju Sarojini [AIR 1988 Orissa 175]
iii. Sardar Surinder Singh Vs. Manjeet Kaur [AIR 1983 J&K 86]
iv. Smt. Surinder Kaur Vs. Madan Gopal Singh [AIR 1980 Punjab 334]

6. Whereas a decision from the Hon'ble Bombay High Court was taken in appeal to the Supreme Court. It was partly overruled in Balkrishna R Kadam Vs. Sangeeta B Kadam [AIR 1997 SC 3652=1997 (7) SCC 500] (which I referred to as the Balkrishna case aforesaid). The Hon'ble Supreme Court held:

'It [Section 27 of the Act] includes the property given to the parties before or after marriage also, so long as it is relatable to the marriage. The expression "at or about the time of marriage" has to be properly construed to include such property which is given at the time of marriage as also the property given before or after marriage to the parties to become their "joint property", implying thereby that the property can be traced to have connection with the marriage. All such property is covered by Section 27 of the Act.'

7. Here I differ to first sentence reply made by @ Sai Kiran R as S. 27 HMA has no co-relation to maintenance claim if wisdom from above citations is referred to.

8. Here I suggest to @ queriest of the thread post to get allowed an Amendment to his divorce suit matter as well as file at appropriate proceeding moment a petition under S. 27 HMA while rephrasing his prayer to make provisions in the decree to dispose title of ownership of joint property of parties in accordance to Section 66 of India Evidence Act as then lead by petitioning Husband to meet end to justice instead of creating duplicity - multiplicity of proceeding citing above dozen citations. Note here if you pray as per the suggestion then get re-frame the issue and the issue should sound nearest to like this "Whether the defendant is entitled to retain title of joint property by way of counter claim or in the alternative to its price? If so, its effect"   

9. Coming to @ Pun question of facts he can also proceed as per para 8 procedural suggestion including mentioned in same para a Note and lead Evidence pointing to 10% amount only met as payment to claim fiduciary way or claim benami title of property by defendant wife. Here in @ Pun’s question of facts most probably Court shall revenue decree 10% payment that she made in favor of respondent wife and pass an Order in your favor title of the property is my view if properly plead. Thus you can plead accordingly and see result coming in such fashion. 

Caveat -
Both queriest should also refer to respective Hon’ble HC Rules; Contents of petition - specifically specific para which talks about disclosure / non-disclosure of property as there may be objection or overrule by opposite side’s advocate to frustrate your respective efforts in getting rid of wife's name titiel from respective property (joint).

Thanks TajobsIndia for providing detailed insight.

as per detailed explaination provided by tajobsindia, sec. 27 deals with joint property or also the exclusive property which is present before, at the time or after marriage. but one thing is clear that no matter at what time it is given but it deals only with presented property not the self earned property; no matter if it is joint or exclusive.

please confirm tajobsindia if my assumption is correct and please share  if there is any citation to support it.

Thanks

tajobsindia ji- is gift received at marriage time by girl side can be returned back to her us 27/hma during divorce proceeding iniciated by boy??

tajobsindia ji- is gift received at marriage time by girl side can be returned back to her us 27/hma during divorce proceeding iniciated by boy??