Creation of charge over husband's property for maintenance of wife cannot be defeated by a mere mortgage executed by husband

Appellant was the legally wedded wife of respondent and marriage between the parties had taken place in the year 1987. A male child was also born through wedlock as parties have lived together for over 15 years. The separation between the two had taken place in the year 2002. The wife did not appear to be a well-educated woman. Admittedly, she was only a homemaker and not otherwise employed. When such a person leaves the matrimonial home, there must certainly be some solid justification for the same.

Husband had offered to take the wife back but she stated that husband was a spendthrift and he used to beat her and treat her cruelly. Wife had left with her minor son. Wife’s evidence ought to have been accepted by the Court as it cannot look for corroboration for what happened within four walls of a home.

The wife had only asked for Rs.500/- as monthly maintenance. By no stretch of the imagination, can it be said to be excessive. When the husband has not taken any step to have the marriage dissolved, he is liable to maintain his wife. Creation of charge for maintenance of wife over husband's property cannot be defeated by a mere mortgage executed by husband in respect of one of the properties.

Appearing counsel/s : Mr.A.Arumugam, Mr.M.Solaisamy