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Mar 30, 2009

HAMA Vimalben Ajitbhai Patel v. Vatslabeen Ashokbhai Patel , AIR 2008 (SC) 2675 Maintenance of a married wife, during subsistence of marriage, is on the husband. It is a personal obligation. The obligation to maintain a daughter-in-law arises only when the husband has died. Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife can be directed to be enforced against such property. Right to object in terms of Section 84 of the Code to which reliance has been placed by Mr. Mayur Shah, could not have been invoked by the wife as she has no independent claim over the property. The said provisions also could not have been invoked for the purpose of execution of a decree. Unnamalai Ammal v. F.W. Wilson, AIR 1921 Madras 1187 the obligation to maintain wife by a husband has been held to be a personal obligation. The right of property is no longer a fundamental right. But still it is a constitutional right. Apart from constitutional right it is also a human right. The procedures laid down for deprivation thereof must be scrupulously complied with.

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