SULOCHANA Vs. ANITHA

JUDGEMENT

(1.) This appeal is by the claim petitioner in an application under Rule 58 of Order XXI of the Code of Civil Procedure before the Family Court, Thiruvananthapuram. His contention is that he is a bona fide purchaser for valuable consideration of a property that was subsequently attached in a proceeding initiated by the first respondent, claiming maintenance from her husband, the second respondent.

(2.) The property in question was originally owned by the husband, who sold it to the claim petitioner prior to the order of attachment. The attachment in the original petition was effected on 14/11/2007. The original petition was decreed in favour of the wife on 12/3/2009. The sale deed had been executed by the husband in favour of the claim petitioner on 16/7/2007. The property purchased by the claim petitioner comprised of 5 cents out of the 11 cents of land owned by the husband.

(3.) The Family Court dismissed the claim petition, holding that the wife was entitled to enforce her right of maintenance against the property, as she had a charge upon it. The Court relied on the decision of this Court in Ramankutty Purushothaman v. Amminikutty (AIR 1997 Ker 306).