RAMALINGAPPA Vs. KAVITA

JUDGEMENT

(1.) The appellant filed the present appeal under Section 19 of the Family Courts Act against the judgment and decree dated 31.08.2016 passed by the learned Principal Judge, Family Court, Hubballi, whereby the appellant has been directed to pay a sum of Rs.8,000/- per month to the respondent towards her maintenance.

(2.) The respondent and one Ningappa were married on 21.05.2010. Ningappa expired on 21.08.2011. According to the respondent, she was unable to maintain herself after the death of her husband Ningappa. The present appellant, who is the father-in-law of the respondent refused to maintain her. Since she was not allowed to live in her matrimonial house and as she had no other alternative, she took shelter in her parental house. According to the respondent, they have joint family properties in the name of the appellant in which her deceased husband- Ningappa also had a share. As the appellant refused to maintain the respondent, she filed a petition under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, (for short, the 'Act') before the Principal Judge, Family Court, Hubballi, in M.C. No.5 of 2015 seeking maintenance.

(3.) After service of notice, the appellant appeared through counsel and filed statement of objections denying the contention of the respondent and stated that the respondent has filed a suit for partition claiming 1/4th share in the suit properties and the Civil Court has granted 1/8th share to the respondent in the suit properties. Being aggrieved by the said judgment and decree, he filed an appeal before this Court and obtained stay. He has further contended that the respondent's parental family is an agricultural family possessing many agricultural lands and are getting income from their agricultural establishment, the parents of the respondent can maintain her. Hence, he prayed for dismissal of the petition.