R B GURUBASAVAIAH Vs. M G PREMA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) The Court-below has passed an ex-parte order granting interim maintenance at the rate of Rs. 400/- per month and directed the 1st defendant to pay the same.

(3.) The interesting question that arises for consideration is about widows right to maintenance and liability of coparceners from out of the estate of the joint family? The principles have been nicely stated in the treatise of Hindu Law by Mulla, In the joint family governed by Mitakshara law, the right to maintenance is inherent quality of their right of coparcenary or common property and this right to maintenance begins and ceases where coparcenary ceases. The manager of Mitakshara Joint family in possession of Joint family property is bound to maintain all its members male and female and ttie widows and children of deceased coparceners out ofthe income or corpus of the joint fimily property. This obligation is always commensurate with the possession of family property. Widow of coparcener is entitled to maintenance for the estate of her deceased husband in the hands of his surviving coparceners even if she had been deserted by her husband, even if she bad-been living away from her husband without justifiable cause provided this right is conditional upon her continuing to be a widow and leading life of chastity and is lost when she marries or becomes unchaste. 4 Regarding quantum of maintenance.The amount of which a widow isentitled to recover for maintenance includes not only that which is sufficient for her food, clothing and residence but also an amount necessary for the comfort and maintenance of her position as her husband surviving half. In fixing rate of maintenance to be paid to a widow in joint family the income of the family at the time of the institution of the suit and not on the date of husband's death is to be taken in to consideration as the date. Maintenance awardable to a Hindu widow depends upon gathering together of all the facts of the situation, the amount of free estate, the past life of married parties and families, a survey of the condition and necessities and rights of members on a reasonable view of change of circumstances, possibly required in the future regard being had to the scale and mode of living and to the age, habit, wants and class of life of the parties. It is out of great category of circumstances, small in themselves that a safe and reasonable induction is to be made by a Court of law in arriving at any fixed sum. The test in determining the allowance is whether the scale is suited to her husbands position in life.