Women’s right to maintenance not by virtue of statute, but found in Shastric Hindu law: Supreme Court

New Delhi: The Supreme Court on Thursday said property given to a woman in lieu of maintenance would solidify into absolute ownership by action of Section 14(1) of Hindu Succession Act, 1956 as the right of maintenance on its own is apposite for such property to transfer into her sole, unquestionable, and absolute right.

"The Hindu Women’s right to maintenance is not by virtue of statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived," a bench of Justices C T Ravikumar and Sanjay Karol said.

The court also emphasised that the very right to receive maintenance is sufficient title to enable the ripening of possession into full ownership if she is in possession of the property in lieu of maintenance.

The court also pointed out the right of maintenance is sufficient for the property given in lieu thereof to transform into absolute ownership, by way of Section 14(1) of the HSA, 1956.

The court dismissed a plea by legal representatives of Kallakuri Pattabhiramaswamy against the Andhra Pradesh High Court's judgment of 2009 against a decree of 1990 by Subordinate Judge, Ramachandrapuram.

In the case, the bench said Smt Veerabhadramma was given absolute right to her property, qua 2.09 Cents of land and a life interest in respect of 3.55 Cents of land.

"This has been consistently held by the courts below. The appellant-defendants, however, want this court to interfere with the said concurrent findings and hold that by virtue of Section 14(1) of the HSA, 1956, Smt Veerabhadramma became the full and absolute owner of all properties, which would necessarily include the disputed land of 3.55 Cents," the bench said.

The findings of the courts below, as facts are clear that absolute rights extended only to 2.09 Cents. The record does not bring forth any reason for this court to take a different view, the bench added.

"Property given in lieu of maintenance would solidify into absolute ownership by action of Section 14(1) of HSA, 1956. In other words, the right of maintenance on its own is apposite for such property to transfer into her sole, unquestionable, and absolute right. The partition deed of 1933, it has been held, is clear that 3.55 Cents of land would be enjoyed by Smt Veerabhadramma as a life interest and thereafter would devolve upon the two lines of succession, i.e., the sons of late Kallakuri Swami through his first wife and also his second wife," the bench said.