Wife can file insolvency proceeding against Husband if he fails to pay arrears of maintenance
The contention of the learned counsel for the respondent is that in the case on hand, it may not be necessary to adjudicate upon as to whether a single creditor can file an insolvency petition against the debtor for here admittedly the decree has been granted by the learned Magistrate in maintenance case, in favour of the respondent, who is the wife of the petitioner herein as well as the minor child, the daughter of the petitioner separately granting maintenance at the rate of Rs. 60/- and Rs. 20/- per month respectively. If that be so, the argument further goes, the question of plurality of the creditors does not arise, even if it is to satisfy the conditions in the case before me is in compliance with the said requisites. Even otherwise, the contention is that as per the decision of a Division bench of this Court in G. Ramachander v. Collector, Excise Hyderabad, 91976) 2 APLJ (High Court) 114: ( AIR 2977 pts 346) at the instance of even a single creditor an insolvency petition is maintainable.
I am of the undoubted view that a single creditor is certainly entitled to successfully maintain the insolvency petition.
I am of the undoubted view that a single creditor is certainly entitled to successfully maintain the insolvency petition.
Andhra High Court
K.D. Nagappa vs Sannkka on 15 July, 1982
Bench: S Reddy
