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KOMALAM AMMA .vs. KUMARA PILLAI RAGHAVAN PILLAI AND ORS.(Civil Appeal No. 6658 of 2008)B NOVEMBER 14, 2008.[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ.]
Hindu Adoption & Maintenance Act, 1956 – ss. 3 and 18 – Maintenance – Right of wife to reside in matrimonial home – Wife and children residing in the suit property -Decree for possession of suit property in favour of husband
- Challenge to, by wife on the ground that she already obtained charged decree for maintenance over suit property D – Dismissed by High Court holding that wife could not claim right of residence in matrimonial home so as to resist decree for possession – On appeal, held: Supreme· Court in Mangat
Mal’s and B.P. Achala. Anand’s cases examined the question as to whether main{enance encompasses provision for E residence – Matter remitted to High Court to consider the
issues in the light of the ratio of aforesaid cases – Transfer of Property Act, 1882 – s. 39.
