The Andhra Pradesh High Court has ruled that a wife cannot demand a charge over her husband’s self-acquired property in place of unpaid maintenance. The judgment was delivered by Justice Subba Reddy Satti, who dismissed the wife’s appeal for lack of evidence proving the husband’s neglect to provide for her and their children.
Case Details
In her appeal, the wife sought monthly maintenance of ₹6,000 and requested the creation of a charge over her husband’s property. She alleged that her husband was addicted to gambling and alcohol, neglecting his responsibilities to support her and their children.
The Trial Court had earlier dismissed her case due to insufficient evidence. The wife then claimed that her husband purchased the property and built a house using joint family funds.
Court’s Observations
The Court noted that:
- Documentary and oral evidence showed the property was self-acquired by the husband, funded by his income from operating two hotels.
- During cross-examination, the wife admitted attending the house’s inaugural function and stated that her husband spent ₹8,000 over two years to construct a kitchen.
These admissions and the evidence on record contradicted her claims that the husband failed to support her financially.
Court’s Ruling
The High Court upheld the Trial Court’s findings and dismissed the appeal, emphasizing two key points:
- No proof of neglect: The wife failed to provide evidence of her husband’s negligence in maintaining her.
- No entitlement to self-acquired property: The wife cannot claim a charge over her husband’s self-acquired property in lieu of unpaid maintenance.
This judgment reinforces the principle that claims on self-acquired property require substantial evidence to support allegations of neglect or misuse of funds.
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