Husband purchased flat and registered sale deed in joint name husband & wife on March 2014, but husband has paid 20% via online net-banking to the builder and rest 80% amount took bank home loan in joint name, but husband has paid all of home loan EMI via online bank ECS deduction from the salary account. Now Wife filed a Divorce. Now husband wants to get 100% flat ownership and possession ( now wife is staying the Flat). Whether the husband can use Benami act 2016 Section 2(9)(A)(b) Exception (iii) to get back 100% share in the property. There is one Delhi high court judgement Manoj_Arora_vs_Mamta_Arora_on_7_August,_2018.
Please suggest.