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november 2008

Supreme Court of India · 2008-11-14

KOMALAM AMMA vs KUMARA PILLAI RAGHAVAN PILLAI .

Citation / case number
SC 2005/1914
Court
Supreme Court of India
Petitioner
KOMALAM AMMA
Respondent
KUMARA PILLAI RAGHAVAN PILLAI .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court upheld the dismissal of a second appeal under Section 100 of the Code of Civil Procedure, 1908, affirming the concurrent decrees of the lower courts that recognized the plaintiff-husband's title to the property in question. The Court clarified that the appellant-wife's prior maintenance decree under Section 39 of the Transfer of Property Act, 1882 does not grant her an automatic right to reside in the matrimonial home, especially in light of estrangement. The ruling emphasized that maintenance includes provision for residence but does not negate the husband's right to recover possession of the property.

KOMALAM AMMA vs KUMARA PILLAI RAGHAVAN PILLAI . · Niyam