Maintenance Claim Against Husband’s Property Not Limited by HAMA: Kerala High Court

The Kerala High Court has held that a Hindu wife is entitled to seek maintenance from her husband’s immovable property even dehors the Hindu Adoptions and Maintenance Act, 1956.

The issue arose after a third-party purchaser objected to the attachment of property sold by a husband, arguing that the wife could not enforce maintenance rights against property already transferred.

The Court ruled that a wife’s entitlement to maintenance flows from the marriage itself and, upon denial of maintenance or initiation of legal proceedings, becomes enforceable under Section 39 of the Transfer of Property Act, 1882.

It clarified that the right matures into a charge on the property once judicially recognised.

[Sulochana v. Anitha & Ors.]