SULOCHANA Vs. ANITHA

JUDGEMENT

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

(2.) The property in question originally belonged to 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, while the original petition itself was decreed in favour of the wife on 12/3/2009. The sale deed in favour of the claim petitioner had been executed earlier, on 16/7/2007. The property purchased by the claim petitioner comprised 5 cents out of the total extent of 11 cents 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 over it. In doing so, the court relied on the decision of this Court in Ramankutty Purushothaman v. Amminikutty (AIR 1997 Ker 306).