Judgment :- 1. Chellamma, the 1st plaintiff was married to Devarajan the 1st defendant. To them were born a son and two daughters. The relationship between the parties got strained. According to the 1st plaintiff, she attempted to dissuade her husband from undesirable activities. Her attempts, however, had only negative results. She was manhandled and was taken to her parents' house along with the children. She then instituted proceedings under S.125 of the Criminal Procedure Code, M.C. No. 118 of 1978 before the First Class Magistrate's Court, Punalur. The 1st defendant owned 63 cents of land having a rubber plantation. He acted quickly to sell it to the 2nd defendant under Ext. BI sale deed dated 30-11-1978. The Magistrate Court allowed maintenance to the plaintiffs aggregating to Rs. 165/-per month. When information was received by the 1st plaintiff on 30-1-1980 about the execution of Ext. BI, the present suit was filed for a decree granting them maintenance charged on the plaint schedule property. 2. The 1st defendant remained ex parte. The 2nd defendant, the transferee under Ext. BI, claimed that he was a bona fide purchaser who did not have any notice of the order of maintenance in favour of the plaintiffs. This claim was strongly repudiated by the plaintiffs. They contended that the document was a sham one. In support of their claims, evidence was adduced, P.Ws. 2 to 4 being the witnesses examined in addition to P.W.I, the 1st plaintiff who gave evidence on behalf of the plaintiffs. The courts below have concurred to hold that Ext. BI is a sham document. Good and valid reasons have been urged in support of that finding. The 2nd defendant could not even explain the source of money when he was examined in chief. The evidence regarding the possible saving from out of his daily wages as a tapper was found unacceptable. Ext. BI was silent about the payment made by the 2nd defendant. His evidence in relation to the details of consideration was discrepant with and opposed to the recital in Ext. Bl. He had not gone to the document writer on any day prior to 30-11-1978 for having the document prepared. The stamp papers were, however, seen purchased on 15-11-1978 in the name of the 2nd defendant. Even as regards possession of the property, the courts below have accepted the 1st plaintiff's evidence, supported by evidence of P.Ws. Bl. He had not gone to the document writer on any day prior to 30-11-1978 for having the document prepared. The stamp papers were, however, seen purchased on 15-11-1978 in the name of the 2nd defendant. Even as regards possession of the property, the courts below have accepted the 1st plaintiff's evidence, supported by evidence of P.Ws. 2 to 4 who were all independent witnesses living in close proximity to the property. That evidence was categoric that the 2nd defendant was not taking the income from the property or possessing it. In view of the above massive evidence, the finding that the document Ext. BI is a sham one cannot be interfered at all in the limited jurisdiction of the second appeal. The decree granted by the courts below in favour of the plaintiffs is therefore perfectly justified. The courts below have directed that the maintenance decree could be realised, if need be, from the plaint schedule properties. 3. Sri. Devarajan, counsel for the appellant raised a very interesting and important question of law. He submitted that the courts below committed a serious error of law in allowing a charge over the properties, at any rate as regards the 1st plaintiff. It was contended that she was not a'dependant' as that term is defined in S.21 of the Hindu Adoptions and Maintenance Act, 1956. S.21 defines dependants in relation to a deceased person for the purposes of Chapter III entitled 'Maintenance'. A widow comes within that category. Under S.27, only as regards a dependant's claim for maintenance, a charge could be created by the will of the deceased, by a decree of court or by agreement. A wife is not a dependant and therefore the court does not have any power to effect a charge under S.27 of the Act so proceeded the argument. 4. It is unnecessary to examine this contention in detail in this case; the question had not been urged before any of the lower courts. Having regard to the circumstances of the case, I do not think that the appellant should be permitted to urge such a contention for the first time in second appeal. 5. Even otherwise, in the light of the finding that the document Ext. BI is sham, the decree in so far it enables the plaintiffs to realise their maintenance even by proceeding against the properties, is perfectly justified. 6. 5. Even otherwise, in the light of the finding that the document Ext. BI is sham, the decree in so far it enables the plaintiffs to realise their maintenance even by proceeding against the properties, is perfectly justified. 6. A charge will fasten on the property of a Hindu de hors the provisions of the Hindu Adoptions and Maintenance Act That is the effect of S.39 of the Transfer of Property Act. Padmanabhan, J. of the Madras High Court, elaborately discussed this aspect with reference to the case law available till then. The Hindu Law texts enjoin a mandatory duty upon the husband to maintain his wife. That duty is not dependant upon the husband's possession of any property. A wife is treated under the ancient texts as a co-owner of-her husband's property though in a secondary sense. It is not open to a husband to effect an alienation of his properties, when such alienation has the effect of depriving her and other dependants of their maintenance. A wife is thus entitled to be maintained out of the profits of her husband's property. The wife and children can therefore have a charge upon the properties of the husband and can enforce the same against a gratuitous transferee. (See Raghavan v. Nagammal, A. I. R.1979 Madras 200). It is unnecessary to add anything further to that useful and exhaustive discussion of the law on the point. With utmost respect, I am in entire agreement with the view taken by the learned judge in that decision. 7. In the light of the legal principles as also the factual finding that Ext. BI is a sham document, the plaintiffs are entitled to enforce their maintenance by proceeding against the property of the 1st defendant also. The decrees of the courts below do not therefore call for any interference by this Court. The second appeal is accordingly dismissed. 8. It is not rare that after estrangement between the parties, the husband retaliates against the wife even by transferring his property, to spite her. The facts of the present case would indicate such a mala fide attempt on the part of the husband. So too appear to be the cases in the Madras decision noted above. Quite often, the courts come across cases where a wife in distress is confronted with continued harassment as in the present case. The facts of the present case would indicate such a mala fide attempt on the part of the husband. So too appear to be the cases in the Madras decision noted above. Quite often, the courts come across cases where a wife in distress is confronted with continued harassment as in the present case. Even after fighting many courts for establishing a meagre sum by way of maintenance, she is driven to a second set of legal proceedings, to effectively get the money in hand. The process is indeed exasperating, like "climbing a hill where always a new summit appears." Courts frequently witnessing such tragic experiences, cannot have an attitude of utter unconcern, when ghoulish practices glare at them from the facts of broken marriages or other traumatic conditions. I have disposed of today another case, S. A. No. 270 of 1981, where the mother of a child who established her right of maintenance under the Criminal Procedure Code after fighting a litigation in two courts, was confronted with a civil suit within two months of her success in the criminal courts And it took a considerably long time even thereafter to have a final disposal of the civil suit. It is for the Parliament to consider whether the provisions of the Criminal Procedure Code and other laws do require revision with a view to ensure expeditious and effective relief to the suffering spouse or neglected child. Whether any amendment should be made to S.21 and 27 of the Hindu Adoptions and Maintenance Act, 1956 with a view to effectively protect the helpless wives, may also be worth considering. Copies of the judgment will be forwarded to the Law Commission, and to the Ministry for Social and Women's Welfare, New Delhi, for such action they may deem necessary in the matter. Dismissed.