1957 (9) TMI 88 - HC - Indian Laws

Hindu wife entitled to maintenance from husband's property under Transfer of Property Act

Chandramma Versus Maniam Venkatareddi and Ors.

The court held that a Hindu wife is entitled to maintenance from her husband's property under Section 39 of the Transfer of Property Act. The compromise ... - Issues Involved:1. Right of a Hindu wife to receive maintenance from the profits of immovable property under Section 39 of the Transfer of Property Act.2. Validity and binding nature of a compromise settlement regarding property.3. Quantum of maintenance and arrears.Detailed Analysis:1. Right of a Hindu wife to receive maintenance from the profits of immovable property under Section 39 of the Transfer of Property Act:The primary issue in this case was whether a Hindu wife has the right to receive maintenance from the profits of immovable property under Section 39 of the Transfer of Property Act. The court examined the amended Section 39, which allows a person with a right to receive maintenance from the profits of immovable property to enforce that right against a transferee with notice of the right or if the transfer is gratuitous. The amendment removed the requirement to prove the transferor's intention to defeat the right, thus providing greater protection to maintenance holders.The court analyzed Hindu Law Texts, which impose a mandatory duty on a husband to maintain his wife, enforceable by the sovereign or the State. These texts suggest that the obligation to maintain is not dependent on the husband possessing property but extends to his assets, prohibiting alienation that deprives the wife of maintenance.The court also reviewed case law affirming that a husband's obligation to maintain his wife is both personal and connected to his property, whether joint or self-acquired. The court cited various precedents where the wife's right to maintenance was recognized as a subordinate interest in the husband's property, enforceable against transferees with notice of her claim.The court concluded that the Hindu wife is entitled to maintenance from the profits of her husband's property and can enforce this right against the property transferred to the second defendant, as per Section 39 of the Transfer of Property Act.2. Validity and binding nature of a compromise settlement regarding property:The plaintiff challenged the binding nature of a compromise settlement made by the first defendant, which excluded her from the agreement. The court noted that the plaintiff was not a party to the compromise and that her right to maintenance was not considered in the settlement. The first defendant admitted his liability for maintenance and the return of jewels but did not contest the plaintiff's right to maintenance.The court held that the compromise settlement could not bind the plaintiff, as it was made without her consent and did not address her maintenance rights. The court emphasized that the right to maintenance is a personal obligation of the husband and cannot be waived or compromised without the wife's consent.3. Quantum of maintenance and arrears:The plaintiff claimed maintenance at the rate of Rs. 75 per month, arrears of past maintenance, and payment for her jewels. The lower courts fixed the maintenance at Rs. 15 per month, and the appellate court did not see any reason to alter this amount. The court upheld the quantum of maintenance as determined by the lower courts, finding it reasonable.Conclusion:The court held that the plaintiff, a Hindu wife, is entitled to enforce her right to maintenance from the profits of her husband's property under Section 39 of the Transfer of Property Act. The compromise settlement excluding her was not binding, and the quantum of maintenance fixed by the lower courts was upheld. The decree of the District Judge was set aside, and the decree of the Subordinate Judge, which recognized the plaintiff's right to maintenance and the charge on the property, was restored. The appellant was awarded costs throughout, and the first respondent was ordered to pay the court fee due to the Government.