Vimalben Ajitbhai Patel Vs. Vatslabeen Ashokbhai Patel
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Head Note
Constitution of India, 1950 - Article 31-A
The right of property is no longer a fundamental right - But still it is a constitutional right - Apart from constitutional right it is also a human right - The procedures laid down for deprivation thereof must be scrupulously complied with.
The Code of Criminal Procedure, 1973 - Section 82 , Section 84 , Section 85
An accused declared proclaimed offender, his property attached and put to sale - Property vested with State - A third party who had obtained a decree against accused has no right title or interest thereon.
The Code of Criminal Procedure, 1973 - Section 82 , Section 85
Accused absconded and declared proclaimed offender and his property attached - Thereafter accused surrendered and obtained bail - Attached property should be restored - Provisions of Criminal Procedure Code do not provide sale of property - Once the accused surrendered before court obtained bail, he is no longer an absconder.
The Code of Criminal Procedure, 1973 - Section 82 , Section 85
Attachment of property of absconding accused - Order of attachment will not affect right of tenant - Terms and conditions of tenancy, being governed by statute, the tenant cannot be evicted except in accordance with law - Auction purchaser cannot evict the tenant.
The Code of Criminal Procedure, 1973 - Section 353 , Section 354
Decision of Court - Sympathy or sentiment should not allow the Court to have any effect in its decision making process - Sympathy or sentiment can be invoked only in favour a person who is entitled thereto - It should never be taken into consideration as a result whereof the other side would suffer civil or evil consequences.
The Hindu Adoptions and Maintenance Act, 1956 - Section 3 , Section 18 , Section 19
Maintenance of wife and widowed daughter-in-law - Law explained - Maintenance of a married 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 is 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 life time of the husband, his personal liability to maintain his wife can be directed to be enforced against such property.
The Hindu Adoptions and Maintenance Act, 1956 - Section 18 , Section 19
Maintenance of wife - Order of maintenance passed in favour of wife - The decree, if any, must be executed against her husband and only his properties could be attached therefor but not of her mother-in-law - Further held - 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 oven property or otherwise.
The Protection of Women From Domestic Violence Act, 2005 - Section 17 , Section 19
Under Domestic Violence Act, a wife acquire a right to be maintained but also thereunder acquires a right of residence - The said right extends to joint properties in which the husband has a share - The wife, however, cannot claim a right of residence in the property belonging to her mother-in-law.
Topic(s)-Maintenance of wife , Attachment of property
Important Decision(s)-
- Protection of Woman from Domestic Violence Act, 2005 - The wife, however, cannot claim a right of residence in the property belonging to her mother-in-law.
- Order of attachment will not affect right of tenant - Auction purchaser cannot evict the tenant.
- Provisions of Criminal Procedure Code do not provide sale of property.
- Once the accused surrendered before court obtained bail, he is no longer an absconder.
- Sympathy or sentiment should not allow the Court to have any effect in its decision making process.