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Maintenance of wife & children overrides over statutory financial creditors of Husband within SARFAESI/IBC: SC
Case Law Details
- Case Name
- Apurva @ Apurvo Bhuvanbabu Mandal Vs Dolly & Ors. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Apurva @ Apurvo Bhuvanbabu Mandal Vs Dolly & Ors. (Supreme Court of India)
In a recent ruling Hon’ble Supreme Court observed that the right to maintenance is equivalent to the right to livelihood, being a subset of the right to dignity and a dignified life, which in turn flows from Article 21 of the Constitution of India. Hence, right to maintenance being equivalent to a fundamental right will be superior to and have overriding effect than the statutory rights afforded to Financial Creditors, Secured Creditors, Operational Creditors or any other such claimants encomp...
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