RAMASWAMY GOUNDAR Vs. BAGHYAMMAL

JUDGEMENT

(1.) THE third and fourth defendants are the appellants from a decree of the subordinate judge of Salem by which he confirmed the decree of the trial court for maintenance in favour of the plaintiff with a charge over the plaint A and B schedule properties except for the modification he made of the quantum of maintenance. On 11-2-1959 the first defendant who is the husband of the plaintiff, sole the plaint A schedule properties to the appellants for a consideration of Rs. 22,500. On 16-12-1959, the plaintiff sued her husband for maintenance and for a charge over the A and B schedule properties in respect of it.

(2.) MR. Ramamurthi Aiyar contends that the courts below were wrong in granting charge in favour of the plaint A schedule properties. He says that the Hindu adoptions and Maintenance Act 1956, which is an amending and codifying law on the subject of maintenance, lays down the entire law as to that matter so that the right to follow property alienated by a person liable to maintain dependents out of a deceased's properties, with notice on the part of the alienees, is now confined to dependents as defined in that Act, and that, therefore, a wife who is not a dependent under the Act, is not entitled to the benefit of S. 39 of the Transfer of property party Act, any longer. On that basis he argues that the charge given by the courts below in favour of the plaintiff over the A schedule properties cannot be maintained.

(3.) THE Hindu Adoptions and Maintenance Act 1956 is no doubt an Act to amend and codify the law relating to adoptions and maintenance amount Hindus. Ch. III of the Act contains provisions relating to maintenance of wife, widowed daughterin-law, children, aged parents and certain categories of persons included in the definition of dependents. The chapter also provides, for the determination of the amount of maintenance and as to when maintenance will be a charge on the estate of a deceased and the effect of transfer of property on right to maintenance s. 18 dealt with a wife's right of maintenance and says that a Hindu wife, whether married before or after the commencement of the Act, shall be entitled to be maintained by her husband during her lifetime. This provision is of course subject to the other provisions of the section. Under S. 19 a widowed daughter-in-law is entitled to be maintained from the estate of her husband or her father or mother as the case may be S. 21 mentions certain categories of persons as coming within the definition of dependents and a wife is not one such persons. S. 22 provides for maintenance of dependents as defined by S. 21. Section 28 says-"where a dependent has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer for consideration and without notice of the right. "