A wife selling property registered in her name without the consent of her husband does not amount to cruelty, the Calcutta High Court (HC) has ruled. While dismissing an appeal by the husband in the MS versus JNS case, a Division Bench of Justice Harish Tandon and Justice Prasenjit Biswas also emphasised that a wife was not her husband’s property and did not require his approval for everything that she did.
“If the wife decided to sell the property standing in her name without seeking approval or permission from the husband-respondent, it shall not constitute the cruelty,” the high court said while hearing an appeal against a trial court order which had granted divorce to the husband on the basis of cruelty and desertion.
“If the husband can sell the property without the approval and permission of (the) wife, we are unaware to comprehend that the property standing in the name of the wife cannot be sold by her without the permission and/or approval of her husband. We have to eradicate the mindset of gender inequality,” the HC said in its order dated September 12, 2023.
In the case, the wife in 2005 sold a property registered in her name 15 years after her marriage. The husband claimed that the woman was a housewife and the monies for the purchase of the property were paid by him.
“The property at Durgapur (West Bengal) was purchased in the name of the wife. It is alleged that the consideration money was paid by the husband, but not a single iota piece of evidence was produced in this regard. It is held by the trial court that the wife has deposed that she did not have any income before the marriage which leads to a presumption that the consideration was paid by the husband-respondent. Even if the aforesaid fact is considered to be true which does not appear to have been proved, for the sake of argument, indubitably the property stands in the name of the wife. The wife cannot be regarded as a property of the husband nor she is expected to seek any permission from the husband to do any act or a thing which she decided to do in her life,” the Bench ruled.
“The mindset of the husband is evident that he wanted the wife to remain a passive companion having no freedom of mind nor to take any decision of her life without his permission or concurrence. Such mindset cannot be accepted in a changing behaviour of the society, nor the wife is considered to be subservient to the husband incapable of taking any independent decision in her life,” it added.
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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