Maintenance – Charge on husband’s property – Sec.39 of TP Act

Plaintiff No.1 is the wife of defendant no.1, plaintiff no.2 is their son and defendant nos.2 to 5 are the brothers of defendant no.1.   After the marriage the plaintiff no.1 was subjected to cruelty and she was compelled O.S. No. 284 of 2002 for maintenance.

In 2006, the suit for maintenance was decreed to pay Rs.2,000/- p.m. to the plaintiff no.1 and Rs.1,000/- p.m. to the son.

In 2014, the plaintiffs filed O.S.No.289 of 2014 for enhancement of monthly maintenance at Rs. 5,000/- each.  The suit was partly decreed for Rs.3,000/- each of the plaintiffs from he date of disposal of M.C. No.3261 of 2013 filed by the plaintiff no.1 for dissolution of marriage.

Aggrieved by the said order, the plaintiffs filed the appeal under Section 19 of the Family Courts Act, 1984.  

The appellants have also given application under Section 151 CPC for attachment of property in the name of defendant no.1.

HELD that the right of the wife and differently abled son to claim maintenance has nothing to do with the divorce petition of wife.  The Court can certainly take cognizance of the increase in cost of living. However, the husband did not discharge his liability to pay maintenance regularly.

Since the defendant no.1 is not diligent in payment of maintenance, a charge must be created over the property of defendant no.1 to secure the payment of maintenance to the plaintiffs.  The charge created over the property shall have to be recorded in all the property records standing in the name of defendant no.1.  The Sub-Registrar and the BBMC are accordingly directed to make entry of encumbrance certificate relating to the charge of maintenance on the properties described in the schedule.

Division Bench Judgment dated 5.4.2024 in Misc. First Appeal No.9908 of 2018 (FC) of Smt. Uma and another Vs. Banashankar and others