Conversion for Reservation Benefits Is a Fraud on the Constitution: Supreme Court Rejects SC Certificate for Reconverted Christian Patent Office Guidelines Must Be Followed for Consistency in Decisions: Madras High Court Limitation Cannot Obstruct Justice When Parties Consent to Extensions: Madhya Pradesh High Court Additional Fees Are Incentives, Not Penalties: Orissa High Court Upholds Central Motor Vehicles Rules Amendment Interpretation of Tender Eligibility Criteria Lies with Tendering Authority: Gujrat High Court Upholds Discharge of Tender Complaints Were Contradictory and Did Not Establish Prima Facie Case for SC/ST Act Charges: J&K HC Insurance Cover Notes Hold Policy Validity Unless Proven Otherwise: Kerala High Court Upholds Compensation in Fatal Accident Case Article 21 Of Constitution Applies Irrespective Of Nature Of Crime. Prolonged Incarceration Without Trial Amounts To Punishment Without Adjudication: Calcutta HC Concept Of 'Liberal Approach' Cannot Be Used To Jettison The Substantive Law Of Limitation: Delhi High Court Limitation is Not Always a Mixed Question of Fact and Law: Bombay High Court Dismisses 31-Year-Old Specific Performance Suit as Time-Barred Intent Coupled with Trespass Constitutes Full Offence: Supreme Court Mere Possession of Bribe Money Insufficient Without Proof of Demand and Acceptance: Supreme Court Right to Promotion is Not a Fundamental Right; Retrospective Benefits Without Service Cannot Be Granted: Supreme Court of India Oral Gift Validity in Mohammedan Law: Andhra Pradesh High Court Upholds Constructive Possession and Injunction Unauthorized Construction on Government Irrigation Land Must Be Demolished: Calcutta High Court Directs Sub-Divisional Officer High Court Upholds Dismissal of Petition Over Road Obstruction Due to Non-Prosecution Victim of Rape Has Right to Bodily Integrity and Reproductive Choice: Gujarat High Court Permits Termination of 24-Week Pregnancy

Widow Entitled to Recover Maintenance Arrears from Deceased Husband's Assets, But Not Interest on Arrears: Karnataka High Court

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the High Court of Karnataka, Dharwad Bench, upheld the widow's right to recover maintenance arrears from her deceased husband's assets, yet set aside the interest awarded on these arrears. This ruling came as a response to a criminal revision petition challenging the appellate court's decision regarding the recovery of arrears of interim maintenance.

Legal Point: The core legal issue revolved around whether a widow is entitled to recover arrears of maintenance from her deceased husband's estate, including service benefits, under the Protection of Women from Domestic Violence Act, 2005, and the Criminal Procedure Code. The High Court upheld this entitlement but overturned the decision to award interest on the arrears.

Background and Issues: The petitioner sought recovery of maintenance amounting to Rs. 7,05,600, with interest, due from 2009 to 2014 as per a maintenance order in a previous case. The trial court dismissed this enforcement against the deceased husband, but the appellate court allowed recovery from his assets, including service benefits. The husband's mother, respondent No.3, contested this, leading to the current revision petition.

Enforcement against Deceased's Estate: The High Court reaffirmed the widow's right to recover maintenance arrears from her late husband's assets, citing the determined maintenance amount as a rightful claim.

Legitimacy of Claim: The court rejected the argument that the maintenance claim was invalid due to a compromise or a closed case, emphasizing that the petitioner never relinquished her right to the arrears.

No Order Against Dead Person: Addressing the respondent's contention, the court clarified that the enforcement was against the deceased's assets, not against him personally.

Interest on Arrears: The court set aside the 12% interest on maintenance arrears awarded by the appellate court. It considered the financial position and circumstances of the elderly mother-in-law, who hadn't received any service benefits, and deemed the interest legally unsustainable.

Final Decision: The High Court partially allowed the revision petition. It confirmed the widow's entitlement to maintenance arrears but set aside the grant of interest on these arrears. The judgment and order of the first appellate court were modified accordingly.

Date of Decision: 2nd April 2024

Smt. Sudhabai vs. Smt. Rashmi V. Rao

Similar News