Charge Decree
a.manoharan
(Querist) 08 December 2009
This query is : Resolved
Dear friends,
What is Charge Decree for the wife's maintenance over the property of husband . I want a leading Supreme Court Judgement or high courts.
Thanks in advance
N RAMESH.
(Expert) 09 December 2009
"Charge" is defined under section 100 of T.P.Act as follows;
Charge – Where immovable property of one person is, by act of parties or by operation of law, made security for payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all provisions in respect of ‘simple mortgage’ will apply to such charge.
Thus if the wife gets a decree for her maintainance, till its payment, she can create "charge" on the immovable properties of the husband. Creation of such Charge amounts to creation of simple mortge of said immovable property.
N RAMESH.
(Expert) 09 December 2009
Please see judgement reported in (1964) 1 MLJ 19 (SC)= AIR 1963 SC 1556
JANAPAREDDY LATCHAN NAIDU versus JANAPAREDDY SANYASAMMA.
