Shared Household : Partial payment of loan instalments by wife does not establish joint ownership

Delhi High Court Upholds Husband's Exclusive Ownership of Property in Divorce Dispute. Court Dismisses Wife's Claim of Shared Household, Sets Aside Damages for Mesne Profits  

In a significant judgment, the Delhi High Court, presided over by Ms. Mini Pushkarna, J., has upheld the exclusive ownership of a property by Mr. Hitesh Kumar, rejecting his ex-wife Ms. Sangeeta's claim of joint ownership and right to reside in the property post-divorce. The court ruled that the property, purchased through a registered Sale Deed in the husband's name, remains his sole possession, dismissing the wife's assertion based on partial loan repayments.

The case, stemming from a marital dispute that culminated in divorce, involved a property located at B-6, Shani Bazar Road, Uttam Nagar, New Delhi. The court found that the property was acquired by Mr. Kumar through his own funds and a loan, with the Sale Deed duly registered in his name. Despite Ms. Sangeeta's contributions towards some loan installments, the court noted that this did not establish her co-ownership.

Furthermore, the court addressed the appellant-wife's plea under the Protection of Women from Domestic Violence Act, 2005, claiming a right to reside in a "shared household." The court clarified that the right to reside in a shared household does not equate to ownership rights and is not indefeasible once the domestic relationship ceases due to divorce.

In a partial relief to Ms. Sangeeta, the court set aside the trial court's award of mesne profits and damages, acknowledging her partial financial contributions during the marriage and her permissive residence in the property. The judgment reiterated the importance of legal ownership documentation and clarified the limitations of shared household claims post-divorce.

Bottom Line:

Right to possession of property exclusively owned as per registered Sale Deed, and rejection of "shared household" claim under Domestic Violence Act when domestic relationship ceases after divorce.

Statutory provision(s): Civil Procedure Code, 1908 Section 96, Protection of Women From Domestic Violence Act, 2005 Section 17

Sangeeta v. Hitesh Kumar, (Delhi) : Law Finder Doc Id # 2807752