Marriage ‘does not extinguish property rights’


Marriage does not extinguish property rights, the Supreme Court of India has declared in new judgement.

The case concerned a hotel in the city of northern city of Moradabad, Uttar Pradesh. The proprietor rented the premises. Years of legal wrangling between him and his landlady began when the owner sought to repossess part of the hotel in order to accommodate her elderly grandparents and also because she wanted to establish a quiet study for her and her sister.

The proprietor resisted, arguing that the landlady’s family was wealthy and lived in a large home, while his own family depended on income from the hotel. She began eviction proceedings and the case went to court. According to a report in The Hindu, the case continued for so long that the landlady and her sister both married and moved out of their family home. By the time it reached the Allahabad High Court, judges declared that the owner’s marriage to a senior government official meant her need for access to the hotel premises had long since passed.

But she was not satisfied with this decision and the case continued up the judicial ladder to the Supreme Court of India. Justices there have now ruled in her favour. Marriage and her husband’s home did not extinguish her right to take possession of her own premises or her personal need for space they said, setting aside the High Court’s earlier ruling.

Justice Banumathi declared:

“She requires the scheduled premises for herself as well as for her parents and grandparents and her bona fide requirement has not been properly considered by the High Court.”

Photo of Moradabad Railway Station by Saud Iqbal via Wikipedia

Stowe Family Law Web Team

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