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Husbands rights over property purchased by wife post 13 yrs desertion?
03-Jul-2023 (In Civil Law)
One old dwelling house was purchased in the names of the Hindu Husband and Hindu Wife in the year 1994. But, all the costs for the purchase of the building were borne by the Wife by generating funds at her level. The Husband deserted his wife 13 years ago and he has not cared about the Wife and two Children. The entire burden of the family was shouldered by the wife only. Now both of them are retired government servants receiving pension. Now the Husband files a suit for 50% partition of the House.. Q-1. Whether the Hindu Husband can claim partition of the dwelling house as long as he continues to be the Husband without having any legal divorce? Q-2. As the wife is having custody of the whole house and residing in it for more than 13 years, is the right of enjoyment can be applied to the wife? Q-3. As the period of desertion exceeds more than 13 years whether the Husband still holds the right of a Hindu Husband even though he failed to discharge his duties?
Hi,
You have raised several issues together. However it seems the wife did not move any court to seek relief against her husband for deserting her. Unless and until you seek relief for desertion, you cannot now accuse the husband of those charges.
However if you could prove that the wife only purchased the entire house out of her earnings and savings then you can file a counter to this effect and as well hold responsible for the husband for all the expenses incurred during the period of desertion. Let us also examine the pleadings filed in support of the Partition Suit and thereafter we can decide how to go about it.
Regards,
Mohan
You have raised several issues together. However it seems the wife did not move any court to seek relief against her husband for deserting her. Unless and until you seek relief for desertion, you cannot now accuse the husband of those charges.
However if you could prove that the wife only purchased the entire house out of her earnings and savings then you can file a counter to this effect and as well hold responsible for the husband for all the expenses incurred during the period of desertion. Let us also examine the pleadings filed in support of the Partition Suit and thereafter we can decide how to go about it.
Regards,
Mohan
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