JUDGMENT

A.M.Shaffique,J.

The respondents 2 and 3 had preferred this appeal challenging the order passed by the Family Court in O.P.No.245 of 2005 to the extent that a charge has been created in respect of A and B schedule properties for an award of maintenance. The appellants contented that they are bonafide purchaser for value and they were not aware of the claim raised by the petitioners in the original petition, at the time when they purchased the property.

2. Cross objection has been filed by the petitioner seeking a declaration that the property absolutely belongs to her. According to her, A and B schedule properties were purchased by her husband with the funds provided by her parents towards parental share and by sale of her gold ornaments. The Family Court rejected the prayer in the petition for declaration and awarded maintenance and created a charge in respect of A and B schedule properties.

3. As far as the creation of charge is concerned apparently the wife has a right to be maintained by her husband. Her husband had sold the properties in favour of the appellants herein. One appellant is his sister and the other is his friend's wife. The evidence on record clearly suggests