SARTI Vs. ROOP CHAND AND ORS

JUDGEMENT

(1.) Plaintiff-Appellant was married with Singh Ram. She instituted a petition under Section 125 of the Code of Criminal Procedure seeking maintenance from her husband -Singh Ram. Judicial Magistrate, Rewari vide order dated 2.6.1981 directed Singh Ram to pay 100/-p.m. towards maintenance to his wife (Appellant herein). The accumulated amount of 600/-was to be paid every six months. To defeat the right of the Plaintiff-Appellant, Singh Ram-Defendant No. 1 (Respondent No. 4 herein) alienated the suit property in favour of Defendants No. 2 to 7 by suffering a collusive decree on 19.8.1981. A grievance was made by the Plaintiff-Appellant in the suit that the property has been transferred to Defendants No. 2 to 7 only to defeat her right of maintenance.

(2.) The Court of Additional Senior Sub Judge, Rewari vide judgment dated 24.4.1987 held that the decree is collusive and was a result of fraud, only to defeat the right of the Plaintiff-Appellant to recover the maintenance. It was further held that Plaintiff-Appellant was entitled to grant of injunction restraining her husband -Singh Ram (Respondent No. 4) to alienate the suit property, in any manner, during the subsistence of order of maintenance.

(3.) Aggrieved against the same, the Defendant-Respondents to the suit, in whose favour the collusive decree was suffered filed an appeal. The Appellate Court below held that the Plaintiff-Appellant has a charge over the property transferred by her husband -Singh Ram to Defendants No. 2 to 7 and it was ordered that the maintenance allowance shall be paid by Defendants No. 2 to 7 (Respondents to the present appeal).