Karnataka HC Orders to Attach Husband's Property For Not Paying Maintenance

A bench comprising Justices Anu Shivaraman and Anant Ramanath Hegde ordered the husband to pay monthly maintenance of Rs 5,000 each to his wife and differently abled son from April 12, 2012 onwards.

Bengaluru:Expressing displeasure at a man, who did not pay maintenance to his divorced wife and differently abled son, the Karnataka High Court has ordered attachment of his property.

The order was passed by a bench of Justices Anu Shivaraman and Anant Ramanath Hegde after hearing a petition filed by the wife. The court has also ordered the man to pay a monthly maintenance of Rs 5,000 each from April 12, 2012 till date.

"The husband's 1,276 square feet house in Uttarahalli of Bengaluru should be confiscated. If the wife furnishes other property details, she will also be a party thereto", bench said.

The bench observed that the husband has not fulfilled the obligation imposed on him by the family court. Section 39 of the Transfer of Property Act, 1882 allows maintenance arrears to be made a charge on the property. The husband has not complied with this earlier order. Hence the petitioners (wife and son) can get a share over the husband's property, bench said.

In 2002, the woman, who had shifted out of her husband's house, demanded maintenance for her and her son. Initially, the man gave monthly amount of Rs 2000 and 1000 to his wife and son respectively. A decade later, the wife and son asked for an increase of Rs 5000 each. In September 2018, the family court had directed the husbands to pay Rs 3,000.

Later, the wife applied for a further increase in the amount and filed an application in the High Court claiming that her husband had not paid her the due maintenance although he sold some immovable properties. She requested for paying a monthly maintenance of Rs 5000 and attachment of his properties.