Indian law has various provisions regarding the property rights of husband and wife, and this issue often becomes a topic of discussion. In particular, the wife’s right to the husband’s property and the husband’s right to the wife’s property is talked about. In such cases the courts give decisions keeping in mind the law and circumstances. In a recent important decision, the Calcutta High Court has clarified that the wife has the right to sell property without husband’s permission.
Important decision of Calcutta High Court
The Calcutta High Court gave this important decision while hearing a case. The court quashed the trial court order and said that the wife has the right to sell her property, provided that property is in her name. The court also said that it does not come under the purview of any kind of cruelty, because the wife has the right to take a decision on her property.
What did the trial court say?
Earlier, the matter went to the trial court, where the trial court had decided that the husband would pay the property sold by the wife. The court said that when the property was taken, the wife had no source of income. However, the High Court considered the trial court’s decision to be correct, but also said that due to the property in the name of the wife, she has the right to sell it, and does not require husband’s permission in this process.
High court opinion
The High Court also said in this matter that society needs more time to promote gender equality. In today’s society, women have the right to take independent decisions, and this right has been given to them by the Constitution. The court also said that both husband and wife are educated and sensible, and therefore the wife has the right to sell her property, without the permission of the husband.
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The Post Property Rights: Wife’s right to sell property without husband’s permission first appeared on News India Live | Breaking India News, The Indian Headline, India Express News, Fast India News.
