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november 2004

Supreme Court of India · 2004-11-23

Subramani And Ors vs M. Chandralekha

Citation / case number
AIR 2005 SUPREME COURT 485
Court
Supreme Court of India
Petitioner
Subramani And Ors
Respondent
M. Chandralekha
Bench
Ashok Bhan, A.K. Mathur

Judgment text excerpt

The Supreme Court upheld the High Court's decision to grant partition of the properties in question, emphasizing that the respondent, as the wife of Kandasamy, is entitled to a share in the properties despite the existence of a maintenance release deed. The Court clarified that the deed's recital regarding customary dissolution of marriage lacked legal effect, as no such custom existed in their community. The Court ruled that the respondent is entitled to 1/2 share in 'A', 'C', and 'D' schedule properties and 1/3 share in 'B' schedule property, thus affirming the High Court's decree.

Subramani And Ors vs M. Chandralekha · Niyam