JUDGMENT

Jyotsna Rewal Dua, J.—Application moved under Order 39, Rules 1 and 2 of the Code of Civil Procedure (CPC) for restraining the defendant from alienating, transferring and for creating charge over the suit land, has been dismissed by the learned trial Court. The order has been upheld by the learned Appellate Court. Being aggrieved, petitioner-plaintiff has moved this petition under Article 227 of the Constitution of India.

2. Facts.

2(i). Suit was instituted by the plaintiff-wife seeking declaration that suit land is ancestral property owned and possessed by the defendant-husband and charge be created over this property for the maintenance claim of the plaintiff. Decree for permanent prohibitory injunction was also prayed for restraining the defendant from transferring, alienating and creating charge over the suit land.

2(ii). Plaintiff claimed to be the legally wedded wife of the defendant, having solemnized a marriage with him in the year 1994. The couple has a son stated to be living with the plaintiff. Due to marital discord, plaintiff started residing with her father since the year 1998. It has been further submitted that an application for grant of maintenance etc. ha