IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, SHOBA ANNAMMA EAPEN, JJ
Nirmala Cheriyan D/o. Kunniyil Cheriyan – Appellant
Versus
Sooraj Sreekumar S/o. Sreekumar Menon – Respondent
JUDGMENT :
Sathish Ninan, J.
The appellants, who are the petitioners before the Family Court, are the wife and the son. The first respondent is the husband/father. The other respondents are the assignees of properties under the first respondent-husband. The Original Petition was filed seeking to set aside Exts.A1 to A3 Sale Deeds. The Original Petition was dismissed by the Family Court.
2. According to the petitioners, the first respondent-husband is a drunkard and did not allow a peaceful life of the petitioners. He is addicted to alcohol. The petitioners are residing separately since 2008-09. The plaint schedule properties belong to the first respondent. The petitioners have a charge over the same towards their maintenance. Respondents 2 to 5 and the husband of the sixth respondent claimed to be friends of the first respondent and aided and influenced the first respondent to alcohol addiction. He was treated at various hospitals. By exerting fraud and undue influence, respondents 2 to 4 got the plaint schedule property conveyed in their favour, under Exts.A1 to A3 Sale Deeds. The sale deeds are not supported by consideration. They have been got executed taking undue advantage of the

The right to maintenance does not invalidate property transfers, and a mere declaration of charge over property is insufficient without a claim for further relief.
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Section 39 of the Transfer of Property Act protects maintenance rights against gratuitous transfers, applicable to all, irrespective of religion.
A Hindu wife is entitled to maintenance from her husband's property independent of statutory provisions, recognizing her dormant rights until legal action is initiated.
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The main legal point established in the judgment is that disputes arising from financial transactions and property assignments connected to the marital relationship fall within the jurisdiction of th....
The main legal point established in the judgment is the binding nature of a sale deed executed by the family manager, the entitlement of daughters to ancestral property under the Amended Hindu Succes....
Disputes between spouses regarding property ownership are maintainable in Family Court, even after a settlement in favor of a third party.
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