Supreme Court · 2008 INSC 1305 · Decided 14 November 2008
Komalam Amma v. Kumara Pillai Raghavan Pillai and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1305 · [2008] 16 S.C.R. 76
- Case number
- CIVIL APPEAL No. 6658/2008
- Decided
- 14 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 39; Hindu Succession Act Section 14(1); Succession Act
Headnote
c 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 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
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