09/07/2022
SUPREME COURT OF INDIA
MUNNI DEVI ALIAS NATHI DEVI (DEAD) ... VS RAJENDRA ALIAS LALLU LAL (DEAD) ... ON 18 MAY, 2022
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5894 OF 2019
Hindu woman’s right to maintenance is a tangible right against the property which flows from the spiritual relationship between the husband and the wife. Such right was recognized and enjoined under the Shastric Hindu Law, long before the passing of the 1937 and the 1946 Acts. Where a Hindu widow is found to be in exclusive settled legal possession of the HUF property, that itself would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance, more particularly when the surviving co-parcener did not earmark any alternative property for recognizing her pre-existing right of maintenance. The word “possessed by” and “acquired” used in Section 14(1) are of the widest amplitude and include the state of owning a property. It is by virtue of Section 14(1) of the Act of 1956, that the Hindu.
widow’s limited interest gets automatically enlarged into an absolute right, when such property is possessed by her whether acquired before or after the commencement of 1956 Act in lieu of her right to maintenance. For more info visit us at http://www.velsadvocatesandassociates.com/latest-update/-/0?utm_source=facebookpage
