Property Rights: Can a wife sell the property without the husband's permission, High Court gives a big decision
Property Rights - People lack information about the rules and laws related to property. In this connection, today we will tell you in this news whether a wife can sell the property without the permission of the husband or not... Let us know in the news below this decision from the court in detail-
Breaking News, Digital Desk- In an important decision, the Calcutta High Court has said that women can sell their own property without the permission of their husbands, provided it is in their name.
The bench of Justice Harish Tandon and Justice Prasenjit Biswas, while cancelling the order of the trial court, clarified that the wife cannot be treated like the property of the husband, nor can she be expected to seek the approval of the husband in every decision.
What did the High Court say?
The division bench of the Calcutta High Court said, 'It appears that both (husband and wife) are educated and intelligent people.
In such a situation, if the wife decides to sell the property which is in her name without taking the permission of the husband, then it does not come under the purview of cruelty.'
According to a report by Bar & Bench, the High Court made a harsh comment saying that we will also have to change our mindset of gender inequality.
The current society does not accept the dominance of men over women under any circumstances. This is not reflected even in the Constitution.
The High Court further said, "If a husband can sell any property without the consent or opinion of his wife, then the wife can also sell the property which is in her name without the approval of the husband."
What did he say about the trial court's decision?
The Calcutta High Court has rejected the lower court's decision that the husband paid for the property because the wife had no income.
The High Court termed the lower court's decision as "neither tenable nor logical".
The High Court stressed that even if the husband paid, the property is in the wife's name, which is important. This decision raises important questions about the ownership of the property.
Cancellation of decree of trial court-
While giving its verdict, the High Court said that the order and decree passed by the trial court in this case is not worth maintaining. The court cancelled the divorce decree.
Let us tell you that the trial court had given the decision in favour of the husband in the divorce case on the basis of cruelty. The woman had approached the High Court against this decision.