The Andhra Pradesh High Court has ruled that the wife cannot seek a charge over her husbandโs self-acquired property in lieu of unpaid maintenance.
While hearing an appeal from the wife, the single-judge Bench of Justice Subba Reddy Satti denied such relief, noting that no material evidence was presented to prove that the husband neglected to maintain the wife and children.
In the suit, she sought maintenance of โน6,000 per month and pleaded for the creation of a charge over the plaint schedule properties.
She claimed that the defendant-husband was addicted to vices such as drinking and gambling and neglected to support her; that she had no means to support herself and her children.
The suit was dismissed by the Trial Court due to a lack of evidence, so the wife filed this appeal against the courtโs decision in the suit.
She claimed that her husband purchased the schedule property and then built the house with joint family funds.
However, the documentary and oral evidence established that the schedule property was self-acquired property purchased by the husband with proceeds from the operation of two hotels.
The wife admitted during cross-examination that she attended the inaugural function of the newly constructed house. Furthermore, she testified that her husband spent โน8,000 in the two years following the inaugural celebration to build a kitchen room.
The Court concluded that these admissions clearly refute her statement, and the evidence on record also refutes the husbandโs contention that he failed to maintain the plaintiff-wife.
The court dismissed the case ruling two things:
- Wife was not entitled to maintenance because she failed to prove her husbandโs negligence in the current case.
- In lieu of maintenance, the wife cannot claim a charge over her husbandโs self-acquired property.
