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Supreme Court Of India

(From : Gujarat)*

Hon'ble Judge(s): Satya Brata Sinha, V. S. Sirpurkar , JJ

(A) Hindu Adoptions and Maintenance Act (78 of 1956) , S.18— Maintenance of wife - Personal obligation of husband - Such obligation cannot be met from property of mother-in-law. Obligation to pay maintenance to wife, during subsistence of marriage, is on the husband. It is a personal obligation. The obligation to maintain a daughter-in-law arises only when the husband has died. Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subject matter of attachment nor during the lifetime of the husband, his personal liability to maintain his wife can be directed to be enforced against such property. Sections 18 and 19 prescribe the statutory liabilities in regard to maintenance of wife by her husband and only on his death upon the father-in-law. Mother-in-law, thus, cannot be fastened with any legal liability to maintain her daughter-in-law from her own property or otherwise. AIR 1977 SC 1944, Disting.(Para 21 24) (B) Criminal P.C. (2 of 1974) , S.82, S.85— Absconding accused - Attachment @page-SC2676of property - Property attached cannot be ....