SETTLEMENT OF SPOUSAL PROPERTY

 Lecture by – Mrs. Inderkala Joginder Nanda, Principal Judge, Family Court,

Amravati.
 What is property? Mov, Immov, Tan and Intan.
 Modes of Acquisition of Property – supplementary part of will – look up.
 Read along with will. Sounds like codicil – 100% wrong – look it up.
 Purchase.
 Gift – important for spousal property. Three categories – before, during, after.
 Succession – by birth. Co-parcenars.
 Section 14 of HSA – Stridhan. Important.
 Vishal – Sec 23 + S 125 – two recovery applications SNO 26.
 Section 12 cannot directly go to fam courts but through indirect methods. – Sec
26 Domestic Violence Act (18 – 22)
 Prakash Dinge’s case – SC – pending.
 S.18 HAMA
 Civil maintenance v Criminal Main – daughter can claim till marriage v both
children can file till majority
 After marriage – property enjoyed by husband and wife
 Relevant provisions of law –
 Section 27 – presented at or about the time of marriage at most after marriage
 Property - Prior to marriage not applicable
 No provision
 White v white – quantifying work of the female – monetary terms
 Even if both are working – look at the way things work practically
 Medical Negligence case – compensation – though she’s a wife
 Malay Gangulay v. Mukherjee – compensating a husband – loss of wife – every
housewife makes a contribution in the fam
 SNO 2 – Rajendra v Tulsa – sec 27 – if it about the joint property of the couple
and not the separate property.
 Stridhan – Rashmi Kumar v. Mahesh – Any property – gifted – exclusively her
property – not even husband cannot take it from her.
 Wife driven away – interim – relief – kind of like final order – not maintainable
– interim relief cannot be granted if it leads to final relief – Mehul Thakkar’s Case.
 2010 – Anita v Rakesh – sec 27 – direction of disposal only in relation to both
husband and wife. Only joint property.
 Agricultural land – 7/12 extract – history of who all have the title of the property
– Mutation Entry Extract – reflects the history – to know the nature of the title
 Crop cultivation column – well – draw inference
 Mamta Jaiswal Case – Professor – Claiming money – capable – you should earn –
intentionally you sit idle.
 Beggar – why marry if you cannot maintain
 Parsi – if adultery – property of woman goes to children – Sec 50 Parsi Marriage
and Divorce Act
 Muslim Sec 3(d) – MWPA
 Marriage – Mutual Understanding – Accept & “Adjust” - Respect – Real Love –
Interest in the work of each other – Avoid Expectations – God gifted relationship
– End of all worries