DAYALI SUKHLAL SAHU Vs. ANJU BAI SANTOSH SAHU

JUDGEMENT

(1.) This appeal is directed against the order dated 11THugust, 2008 passed in Misc. Civil Case No.7/07 whereby learned 3rd Additional Principal Judge, Family Court, allowing the application of the respondent under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 (for short 'the Act') has directed the appellant father-in-law to pay maintenance @ Rs. 1200/- per month to the respondent from the date of order.

(2.) The respondent daughter-in-law filed an application under Section 19 of the Act with the averments that she was married to Santosh, son of the appellant, who died on 19-2-2006 in a motor accident. After his death, the appellant, his wife and Jeth harassed her and turned her out from matrimonial home and since then she is residing with her parents with 4 children in penury. The appellant owns 8 acres of ancestral agricultural land and her husband was also entitled for share, however, she has not been given any share. Her father owns only 1 acre of land from which he is barely able to maintain his own family consisting of wife and 3 small children, whereas the appellant has sufficient means to maintain his family.

(3.) The appellant, denying the allegations made in the application, averred that the respondent voluntarily left her matrimonial home on the very next day of death ceremony of his son. He and his wife went to bring her back when she returned to village Ghursena with her father and only after staying for 2 days, again returned to village Kheda. The appellant denied that he owns 8 acres of agricultural land and averred that he is willing to live with the respondent and her children. The father of the respondent owns 5 acres of agricultural land. That apart, he is also earning from his contract works. The respondent herself is an educated lady and she is earning Rs.4000-5000/- from stitching and weaving whereas the appellant is 70 years old person with a weak eye sight. He is suffering from asthma and other old age ailments. He owns only 3 acres un-irrigated land. The respondent's husband had sold 4 acres for a consideration of Rs. 1,64,000/- during his life time and this money is presently with the respondent. The respondent was also paid a sum of Rs.50,000/- by the Government on account of accidental death of her husband. She also received a sum of Rs. 1 lakh towards insurance claim on account of death of her husband. She has all the ornaments valuing at Rs.2 lakhs which was given to her at the time of marriage.