SHARANAPPA Vs. CHANNAWWA

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 (hereinafter referred to as 'the Act') has been filed against judgment and decree dtd. 31/3/2015 passed in M.C.No.1850/2007 by which, in the petition seeking dissolution of marriage filed by the appellant / husband, an order has been passed directing the appellant to pay a sum of Rs.3,000.00 as maintenance to the respondent from 26/2/2009 till 10/9/2014 and from 11/9/2014 at the rate of Rs.4,000.00 as maintenance till life time of the respondent or till she is disentitled for the same. The Family Court has directed creation of charge in respect of undivided 1/4th share of the appellant in respect of land bearing Sy.No.87/2 measuring 7-06 guntas, Sy.No.86/2 measuring 6-31 guntas of Balaganur Village, Sy.No.390/4A measuring 2-32 guntas, Sy.No.382/5 measuring 4-08 guntas of Hombala Village and house No.549 of Balaganur Village.

(2.) Learned Senior counsel for the appellant submits that the appellant is only aggrieved by the aforesaid judgment and decree insofar as it pertains to creation of the charge. It is further submitted that the aforesaid property does not belong to the appellant and therefore, the question of creating the charge in respect of the same does not arise. It is submitted by her that the property in question belongs to the mother of the appellant.

(3.) On the other hand, learned counsel for the respondent expresses an apprehension that in case judgment dtd. 31/3/2015 passed by the Family Court directing creation of charge is modified, the appellant may sell the property.