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SUSHRUT ARVIND DHARMADHIKARI, P. V. KUNHIKRISHNAN, G. GIRISH
Sulochana – Appellant
Versus
Anitha – Respondent
ORDER
G. Girish, J.—The following are the legal questions referred to us by the Division Bench as per the order dated 11-07-2025 in Mat. Appeal No.1093 of 2014:—
(i) Is a Hindu wife entitled to receive maintenance from the immovable property of her husband dehors the provisions of the Hindu Adoptions and Maintenance Act, 1956?
(ii) Is there not an apparent conflict between the views expressed in Vijayan v. Sobhana & Others [ILR 2007(1) Kerala 822], or Sathiyamma v. Gayathri & Others [2013 (3) KHC 322], Nysha v. P.Suresh Babu (MANU/KE/2266/2019) and Hadiya (Minor) v. Shameera M.M [2025 (3) KHC 131], and what is the correct law?
2. The matter came up in appeal before of the Division Bench when the Family Court concerned refused to allow the claim petition of a person who purchased on 16-07-2007, 5 cents of land out of the 11 cents which belonged to a husband having an estranged relationship with his wife, which led to the attachment of that property on 14-11-2007 in an original petition filed by the wife, and a decree in her favour on 12-03-2009. The contention of the claim petitioner that the wife had no right to receive maintenance from the profits of the property which he purc
Entitlement to receive maintenance – Hindu wife is entitled to receive maintenance from immovable property of her husband dehors provisions of HAMA Act, 1956 – Such right of Hindu wife has to be pres....
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.
A Hindu wife is entitled to maintenance from her husband's property, independent of statutory provisions, subject to specific conditions about purchaser's knowledge.
(1) Female Hindu inheritance – Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity – Hindu woman’s right t....
Hindu Women’s right to maintenance – Right of maintenance is sufficient for property given in lieu thereof to transform into absolute ownership, by way of Section 14(1) of HSA, 1956.
Possession of property given to a Hindu female pursuant to or in recognition of a right to maintenance confers a right which gets enlarged to full ownership.
The right to maintenance under Hindu law can convert a limited interest in property into absolute ownership, overriding restrictions in the management deed.
A woman's life estate under a Gift Deed can become an absolute interest if it was established to fulfill a pre-existing duty of maintenance, reflecting both classical Hindu law and statutory interpre....
The right to maintenance under Hindu law confers absolute ownership of property, overriding any restrictions in the management deed, as per Section 14(1) of the Hindu Succession Act.
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