A Charge Over Property Cannot Be Created In Lieu Of Maintenance If Neglect Of Husband Is Not Proved And Is A Self-Acquired Property: Andhra Pradesh High Court

The appellant herein being the plaintiff filed the suit claiming maintenance against her husband who is the 1^st defendant in the suit. She claimed maintenance at Rs. 6,000 per month and also prayed to create charge over the plaint schedule properties. She contended that the 1^st defendant was addicted to vices like drinking, gambling, and neglected to maintain her; that she was not having any means to maintain herself and her children.

On considering the evidence, the trial court dismissed the suit. The unsuccessful plaintiff/wife filed the appeal against the decree of the court in the suit.

The plaintiff contended that her husband purchased the schedule property with joint family funds and subsequently constructed house with joint family funds. But from documentary and oral evidence it was proved that the schedule property was self-acquired property as husband had purchased the site with the income from running two hotels in Tirupati.

Furthermore, in cross-examination, wife herself deposed that herself and her husband celebrated inaugural function and occupied newly constructed house. She further deposed those two years after inaugural celebration of the house, the husband spent Rs. 8000 to construct kitchen room. These admissions clearly disprove her statement that husband neglected to maintain the plaintiff.

The court held that since the wife failed to prove the act of negligence on the part of her husband and as the properties were not purchased from joint family funds, she was neither entitled to claim maintenance nor charge over the schedule properties. The court dismissed the appeal as there were no merits.

Case Title: V.Manjula Versus V.Jagadish

Citation: 2022 LiveLaw (AP) 30

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