Andhra Pradesh High Court Rules Wife Cannot Claim Husband’s Self-Acquired Property for Unpaid Maintenance
The Andhra Pradesh High Court has decided that a wife cannot claim her husband’s self-acquired property in place of unpaid maintenance. This ruling came from a single-judge bench of Justice Subba Reddy Satti, who found insufficient evidence to support the wife’s claims of neglect.
The wife had appealed, seeking ₹6,000 per month in maintenance and requesting a charge over her husband’s property. She alleged that her husband, addicted to drinking and gambling, had failed to support her and their children, leaving her with no means of sustenance.
The Trial Court initially dismissed her case due to a lack of evidence. In her appeal, she argued that her husband had used joint family funds to purchase and build on the property in question. However, documentary and oral evidence showed that the property was self-acquired by her husband, funded through the operation of two hotels.
During cross-examination, the wife admitted attending the inaugural function of the newly constructed house and confirmed that her husband had spent ₹8,000 over two years to build a kitchen room. These admissions, along with the evidence on record, contradicted her claim that her husband had neglected to maintain her.
The court concluded two main points:
- The wife was not entitled to maintenance because she failed to prove her husband’s negligence.
- The wife cannot claim a charge over her husband’s self-acquired property in lieu of maintenance.
This ruling underscores the necessity for substantial evidence when claiming maintenance and property charges in marital disputes.
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