Husband-Wife Property Dispute: Kerala High Court Upholds Husband’s Claim
In a recent judgment by the Kerala High Court, a matrimonial dispute over property ownership was settled. The case involved Sunila and Ashok Kumar, a married couple residing in Mallapally Taluk, Pathanamthitta. Sunila, the appellant, contested against the judgment of the Family Court, Thiruvalla, which declared her husband Ashok Kumar as the rightful owner of a property.
Background and Claims
The dispute arose when Ashok Kumar filed a petition asserting his ownership of a property purchased in Sunila’s name. He claimed to have financed the purchase entirely, including the construction of a residential building on the premises. However, Sunila argued that she used her own funds, including the sale proceeds of her gold ornaments, to purchase the property.
Court’s Ruling
After evaluating evidence from both parties, the court found in favor of Ashok Kumar. It noted his consistent claim of financing the property purchase and the lack of substantial evidence from Sunila to prove her ownership. The court highlighted financial transactions and witness testimonies supporting Ashok Kumar’s version.
Legal Analysis
The court cited the Benami Transactions (Prohibition) Act, 1988, stating that property purchases by husbands in the name of their wives are presumed to benefit the wife, unless proven otherwise. Sunila failed to substantiate her claim or disprove Ashok Kumar’s assertion. Additionally, the court dismissed Sunila’s counter claim for injunction, which she did not appeal separately, citing legal precedents.
