The Andhra Pradesh High Court has held that wife cannot claim charge over husband's self-acquired property in lieu of maintenance.
The single-judge Bench of Justice Subba Reddy Satti while adjudicating upon an appeal of wife has denied such a relief also noting that no material evidence was given to prove that the husband neglected to maintain the wife and children.
The appellant herein had filed for maintenance against her husband. In the suit, she claimed maintenance at ₹6,000/-month and also further pleaded to create charge over the plaint schedule properties.
It was her contention that the defendant-husabnd was addicted to vices like drinking, gambling, and neglected to maintain her; that she was not having any means to maintain herself and her children.
The suit was dismissed by Trial Court on lack of evidence and therefore the plaintiff/wife filed the present appeal against the decree of the court in the suit.
She contended that her husband purchased the schedule property and subsequently constructed house with joint family funds.
However, contrary to her claim, the documentary and oral evidence proved that the schedule property was self-acquired property, purchased by the husband with the income from running two hotels.
In cross-examination, it was admitted by the wife that she celebrated inaugural function of the newly constructed house. In furtherance, she deposed that in those two years after inaugural celebration, her husband spent ₹8000 to construct kitchen room.
The Court concluded that these admissions clearly disprove her statement and evidence on record too contradicts the contention that husband neglected to maintain the plaintiff-wife.
The Court thus conclusively established two things:
-Wife wasn't entitled to maintenance as she failed to prove negligence on part of her husband in the present case
-Wife cannot claim charge over husband's self-acquired property in lieu of maintenance
Read Judgement Here:
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