• Transfer of Property Act, Section 100 Hindu Adoptions and Maintenance Act Section 3(b) Order of attachment before judgment A court can only recognize and declare a charge which preexists Petitioners have no claim over the petition schedule property, except a plea for the creation of a charge for the amount claimed towards their marriage expenses – Right of an unmarried daughter to get reasonable expenses concerning her marriage from her father cannot have a religious shade No contract between the petitioners and the respondent for the creation of a charge When the daughters already have filed a petition for attachment of the same property of the father, there is no justification for them to claim the equitable relief of injunction prohibiting the father from alienating the property or committing acts of waste. [Paras 17 to 19, 22 and 25]
Akza vs Rajan OPFC 704/22 12/04/23 [ ANIL JJ ]
[ SUPREME COURT ]