Kerala High Court: Hindu Wife Can Claim Maintenance Against Husband’s Property Even If Sold
Full Bench Clarifies Scope of Maintenance Rights
Property Transfers Cannot Defeat Wife’s Legal Claim
By Our Legal Correspondent
New Delhi: January 16, 2026:
In a landmark judgment, the Kerala High Court Full Bench has clarified that a Hindu wife can claim maintenance against her husband’s immovable property even if the property has been sold to a third party. The ruling, delivered on January 15, 2026, settles long-standing confusion over whether property transfers could defeat a wife’s right to maintenance under the Hindu Adoptions and Maintenance Act, 1956 (HAMA).
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The Full Bench comprising Justice Sushrut Arvind Dharmadhikari, Justice P.V. Kunhikrishnan, and Justice G. Girish ruled in Sulochana v. Anitha & Ors. that a wife’s claim for maintenance is a statutory right and cannot be nullified by the husband’s act of selling property.
Case Background
The case arose after conflicting judgments from different benches of the Kerala High Court on whether a wife could enforce maintenance against property that had already been transferred.
- The wife, Sulochana, had filed for maintenance under HAMA.
- During the proceedings, her husband sold immovable property to a third party.
- The buyer argued that since the property was transferred, the wife had no claim against it.
A Division Bench flagged the conflicting precedents and referred the matter to a Full Bench for authoritative clarification.
Court’s Key Observations
The Full Bench made several important points:
- Maintenance is a statutory right: A Hindu wife’s right to maintenance flows directly from HAMA and cannot be defeated by property transfers.
- Timing matters: If the wife initiated legal proceedings before the property transfer, her claim continues against the property.
- Notice to buyer: If the buyer had notice of the wife’s claim, the property remains subject to her right of maintenance.
- Protection of dependents: The Court emphasized that maintenance is not charity but a legal obligation of the husband.
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The judgment ensures that husbands cannot escape responsibility by selling property to avoid maintenance claims.
Full Bench Clarifies Scope of Maintenance Rights
The ruling settles a critical question in family law. Earlier, some judgments had suggested that once property was sold, the wife’s claim could not extend to it. The Full Bench rejected this view, holding that maintenance rights attach to the husband’s property regardless of transfer.
This interpretation strengthens the position of wives and dependents, ensuring that property transfers cannot be used as a loophole to deny maintenance.
Property Transfers Cannot Defeat Wife’s Legal Claim
The Court made it clear that buyers of property must exercise caution. If they purchase property from a husband who is already facing a maintenance claim, they cannot later argue that the wife’s rights are extinguished.
This ruling protects wives from fraudulent transfers and ensures that maintenance obligations remain enforceable against property even in the hands of third parties.
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Wider Legal Context
The judgment aligns with broader principles of Hindu law and family welfare:
- HAMA, 1956: Recognizes the wife’s right to be maintained from her husband’s property.
- Supreme Court precedents: The apex court has consistently held that maintenance is a fundamental obligation, not a discretionary benefit.
- Social justice: The ruling reinforces the constitutional principle of protecting vulnerable dependents, especially women.
Legal experts note that this decision will serve as a guiding precedent for courts across India, ensuring uniformity in maintenance claims involving property transfers.
Implications of the Judgment
- For wives: Stronger protection against husbands who attempt to evade maintenance by selling property.
- For buyers: Greater responsibility to check for pending maintenance claims before purchasing property.
- For courts: Clear guidance on enforcing maintenance rights against transferred property.
- For society: Reinforcement of women’s rights and family welfare under Hindu law.
This ruling is expected to reduce litigation and provide clarity in cases where property transfers are used to frustrate maintenance claims.
Conclusion
The Kerala High Court’s Full Bench ruling in Sulochana v. Anitha & Ors. is a milestone in family law, ensuring that a Hindu wife’s right to maintenance cannot be defeated by property transfers. By clarifying that claims remain enforceable even against sold property, the Court has closed a loophole that husbands could exploit to avoid responsibility.
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This judgment strengthens women’s rights, protects dependents, and ensures that maintenance obligations remain binding regardless of property transactions. It sets a precedent that will guide family courts and High Courts across India, reinforcing the principle that maintenance is a legal right, not a privilege.
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