Andhra High Court: Wife Cannot Seek Husband’s Property for Unpaid Maintenance
In a recent judgment, the Andhra Pradesh High Court has clarified that a wife cannot claim a right or charge over her husband’s self-acquired property as compensation for unpaid maintenance—unless there is clear proof of negligence or denial of financial support.
The case involved a woman who appealed a Trial Court decision that had dismissed her claim for ₹6,000 per month in maintenance and a charge over her husband’s property. She argued that her husband had neglected to support her and their children and was spending money on alcohol and gambling.
However, Justice Subba Reddy Satti of the High Court found that there was no credible evidence to prove that the husband failed to maintain his wife and children.
The woman had claimed that the house was built using joint family funds, but both documentary and oral evidence showed the property was purchased by the husband using earnings from two hotels he operated, making it his self-acquired property.
During cross-examination, the wife admitted to attending the housewarming ceremony and even mentioned that her husband spent an additional ₹8,000 over two years to build a kitchen. These admissions weakened her claim and supported the view that she was not entirely neglected.
The Court concluded:
- The wife could not prove that her husband neglected her or failed to provide financial support.
- Therefore, she cannot demand a legal charge on her husband’s self-acquired property as maintenance compensation.
This ruling emphasizes that property rights in marriage must be backed by strong legal evidence, especially in cases involving self-earned assets.
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