Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Maintenance of a married wife, during subsistence of marriage, is on the husband. It is a personal obligation. The obligation to maintain a daughter-in-law arises only when the husband has died. Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife can be directed to be enforced against such property.
19. Wholly un-contentious issues have been raised before us on behalf of Sonalben (wife). It is well settled that apparent state of affairs of state shall be taken a real state of affairs. It is not for an owner of the property to establish that it is his self-acquired property and the onus would be on the one, who pleads contra. Sonalben might be entitled to maintenance from her husband. An order of maintenance might have been passed but in view of the settled legal position, the decree, if any, must be executed against her husband and only his properties could be attached therefore but not of her mother-in-law.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2003 of 2008 (Arising out of SLP (Civil) No. 1061 of 2007)
Decided On: 14.03.2008
Vimalben Ajitbhai Patel and Ors. Vs. Vatslabeen Ashokbhai Patel and Ors.
Hon'ble Judges/Coram:
S.B. Sinha and V.S. Sirpurkar, JJ.
Citation: 2008 (4) SCC 649
