Maintenance -- Hindu Wife -- Charge over Husband's Property -- Fraudulent Transfer -- Rights of Wife Against Purchaser
A Hindu wife has a legal right to claim maintenance out of her husband's property and is therefore entitled to protection under Section 39 of the Transfer of Property Act, 1882. Where the husband fraudulently transfers his property to defeat such right, and the wife is able to establish that the purchaser had prior knowledge of her right to maintenance at the time of purchase, she is entitled to enforce the maintenance decree against such purchaser. The statutory protection afforded under Section 39 of the Act operates in her favour in such circumstances -- Transfer of Property Act, 1882 -- Section 39.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
