In her maintenace suit under HAMA 18 wife has also prayed for mandatory & perpetual injunction on assets of husband to ensure that she gets life long maintenance. Can it be granted by courts?
Sanjay (Manager) 14 March 2010
In her maintenace suit under HAMA 18 wife has also prayed for mandatory & perpetual injunction on assets of husband to ensure that she gets life long maintenance. Can it be granted by courts?
AEJAZ AHMED (Legal Consultant/Lawyer) 14 March 2010
Dear Sanjay,
My answer to your query is .....YES court can perpetual Injunctions on the assets of Husband.
18. Maintenance of wife.
(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.
(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,-
(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her;
(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;
(c) if he is suffering from a virulent form of leprosy;
(d) if he has any other wife living;
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine else- where;
(f) if he has ceased to be a Hindu by conversion to another religion;
(g) if there is any other cause justifying her living separately,
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
Kindly go through the attached Judgment... though it is not direct one but, there is an observation of Delhi Hight in favour of wife for grant of perpetual Injuction Order on the assets of Husband.
Sanjay (Manager) 14 March 2010
Sir thanks for your prompt reply. In this case the injunction is sought on property but can wife also seek injunction on movable assets of husband like Shares, Bank Accounts etc.?