Full Bench Overrules Previous Conflicting Decisions, Clarifies Legal Standing on Maintenance Rights
In a landmark judgment, the Kerala High Court has affirmed that a Hindu wife is entitled to receive maintenance from her husband's immovable property, regardless of the provisions outlined in the Hindu Adoptions and Maintenance Act, 1956. This significant ruling came from a Full Bench comprising Justices Sushrut Arvind Dharmadhikari, P.V. Kunhikrishnan, and G. Girish.
The case, titled "Sulochana v. Anitha," revolved around the legal questions concerning the maintenance rights of a Hindu wife from her husband's immovable properties, especially in the context of transfers. The Full Bench was convened following a referral from a Division Bench, which highlighted apparent conflicts in previous judgments, notably "Vijayan v. Sobhana."
The court meticulously analyzed the Hindu Adoptions and Maintenance Act, 1956, and Section 39 of the Transfer of Property Act, 1882, to conclude that a Hindu wife's maintenance rights extend to her husband’s properties. The court stressed that these rights, although dormant at marriage, become actionable upon the denial of maintenance or the husband’s death.
The judgment overruled the Division Bench decision in "Vijayan v. Sobhana," which had previously held that a wife and children could not claim maintenance from the profits of immovable property. The Full Bench clarified that this view was inconsistent with the predominant judicial stance that acknowledges a wife's right to claim maintenance from her husband's property profits.
Importantly, the court clarified that purchasers of a husband’s property cannot be presumed to have knowledge of a wife's maintenance rights unless the wife has initiated legal proceedings or if the transfer was gratuitous. This ensures protection for bona fide purchasers while safeguarding the maintenance rights of wives.
This judgment is expected to have far-reaching implications for matrimonial disputes, particularly in cases where the husband’s properties are involved. It reinforces the legal framework ensuring that Hindu wives have a secure means of maintenance, even in challenging marital circumstances.
Bottom Line:
Hindu Law - A Hindu wife is entitled to receive maintenance from the immovable property of her husband, even outside the provisions of the Hindu Adoptions and Maintenance Act, 1956. The right of a Hindu wife to maintenance is presumed to remain dormant until she initiates legal action or is deprived of maintenance due to her husband's death.
Statutory provision(s): Hindu Adoptions and Maintenance Act, 1956 Sections 18(1), 28, 39, Transfer of Property Act, 1882 Section 39
Sulochana v. Anitha, (Kerala)(FB) : Law Finder Doc Id # 2838840
