The Kerala High Court has clarified that a Hindu wife can claim maintenance from her husband’s immovable property, even if it has been sold, provided she had already initiated legal proceedings or the buyer was aware of her claim. The ruling came from a Full Bench hearing a reference prompted by conflicting judgments on the issue.
The Bench, comprising Justices Sushrut Arvind Dharmadhikari, PV Kunhikrishnan, and G Girish, examined the interplay between Section 39 of the Transfer of Property Act and Section 28 of the Hindu Adoptions and Maintenance Act, 1956. The Court confirmed that a wife’s entitlement to maintenance is not limited to her husband personally but extends to his property, ensuring she is not left without recourse.
The Court explained that the wife’s right is initially “dormant” until she takes legal action or is denied maintenance due to her husband’s death. During this dormant stage, purchasers of the property cannot be presumed to know of the wife’s claim. However, if evidence shows that the buyer knew of a denial of maintenance or that the property transfer was gratuitous, the wife’s claim gains protection under the law.
The judgment arose from a dispute over a 2007 land sale. The buyer claimed to be a bona fide purchaser and argued that the wife could not claim maintenance since her petition was filed after the sale. Relying on precedent and statutory provisions, the family court ruled in favor of the wife, a decision the buyer challenged, ultimately bringing the matter to the Full Bench.
In its ruling, the Court emphasized that denying a deserted wife any remedy against her husband’s property would constitute a grave injustice. While the 1956 Act does not explicitly extend a wife’s right to property, the Bench held that the law should be interpreted in her favor.
“The entitlement of a Hindu wife under Section 18 of the Act is not only confined to the husband’s person but extends to his estate as well,” the Court noted, rejecting previous decisions that had limited this right.
This landmark judgment reinforces that a wife’s maintenance claim can follow the husband’s property, providing legal protection even against subsequent transfers when the law’s safeguards are properly invoked.
