In a judgment dated January 14, the Full Bench ruled that a Hindu wife is entitled to receive maintenance from the immovable property of her husband dehors the provisions of the Hindu Adoption and Maintenance Act.
However, the Court clarified that such right of the Hindu wife has to be “presumed to be in a dormant stage” till she initiates legal steps to realise maintenance from her husband and his properties, or till she is deprived of such maintenance due to the husband’s death.
It added that during such dormant stage, the purchasers of the immovable properties cannot be presumed to be having the knowledge of such right for invoking Section 39 of the Transfer of Property Act or Section 28 of the Hindu Adoptions and Maintenance Act.
“However, if there existed evidence to show that the purchaser, at the time of sale, was aware of denial of maintenance by the seller to his wife and any subsisting claim for maintenance which arose out of such denial, or if there were reasons to show that the transfer was gratuitous, then the wife’s right for maintenance will get the protection and privilege of Section 39 of the T.P Act,” the Court further said.
Further, the Court ruled that if any such transfer is effected during the period when a legal action has been initiated by the wife or during the period when she is deprived of such maintenance due to her husband’s death, then the purchaser shall be deemed to be having the knowledge of such right for the purposes of Section 39 of the Transfer of Property Act or Section 28 of the Hindu Adoptions and Maintenance Act.