CONMT.PET.(C) No. 000499 - / 2019

SHRADDHA GUPTA vs SUMIT JAIN
Status
DISPOSED
Judges
HON'BLE MS. JUSTICE HIMA KOHLI and HON'BLE MR. JUSTICE SANDEEP MEHTA
Order Date
02-08-2024
Filed On
16-03-2019 11:24 AM
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casestatus.in Summary

Where co-owned matrimonial property cannot be partitioned by consent or mediation, a court exercising inherent jurisdiction may direct its court-supervised sale at market value through an officer appointed by the High Court, with proceeds divided equally between the co-owners, each then independently liable to service their respective outstanding home loan obligations. This principle — that equitable division of jointly-held immovable property post-dissolution of marriage is achievable through judicial sale rather than physical partition — is summarised as part of the case analysis available on casestatus.in.

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