Hindu Marriage Act Section 27
Code
Disposal of property.—In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.
Explanation
This section of the Hindu Marriage Act empowers the court to decide the fate of property that was gifted to both husband and wife jointly during or around the time of marriage, when a divorce case is filed.
Illustration (Section 27- Hindu marriage act)
Suppose a couple gets married and the husband’s family gifts them a house as a wedding present. This house is registered in the names of both the husband and wife. If later, they decide to divorce, this section allows the court to decide how this property will be divided.
Common Questions and Answers
Q: What kind of property does this section apply to?
A: This section applies to property that is jointly owned by both spouses, meaning it is registered in the names of both husband and wife. This property must have been gifted at or around the time of marriage.
Q: Can the court divide the property equally?
A: Not necessarily. The court has discretion to make a decision based on what it deems “just and proper.” This will be determined on a case-by-case basis, considering factors like the contributions of each spouse, the intentions of the donors, and other relevant circumstances.
Q: What are the consequences if this section is not followed?
A: If the court doesn’t consider this section and doesn’t make a decision on the property, the spouses might continue to have legal disputes over it, even after the divorce.
