BASANTI BAI Vs. AJIT KUMAR BHATT

JUDGEMENT

(1.) This appeal is against the judgment and decree dtd. 22/11/2017 passed by the Additional Principal Judge, Family Court, Bilaspur, District Bilaspur, Chhattisgarh in Civil Suit No.222-A of 2016 wherein the application filed under Sec. 21 of the Hindu Adoptions and Maintenance Act, 1956 (in short 'Act of 1956') by the appellants/plaintiffs was dismissed. The present appeal is by the plaintiffs.

(2.) The facts of this case are that Basanti Bai, claimed to be the wife of Late Ganesh Prakash Bhatt along with her two children Praveen Kumar (son) and Ku. Santoshi (daughter) filed an application against Ajit Kumar Bhatt, who is also one of the sons of Late Ganesh Prakash Bhatt from his marriage. Primarily, it was pleaded that Ganesh Prakash Bhatt who was working in Irrigation Department died in harness on 24/8/2013 and thereafter his son who is from Ramkali Bai, first wife of Ganesh Prakash Bhatt, was appointed on compassionate ground. According to the plaintiffs, while obtaining employment on compassionate ground, a declaration was given by Ajit Kumar Bhatt that he would maintain his another brother Praveen Kumar and sister Ku. Santoshi and will take care of his mother Ramkali Bai. It is pleaded that thereafter, after obtaining job he refused to maintain the said brother and sister. Under these circumstances, a petition u/s 21 of the Act of 1956 was filed by second wife of Ganesh Prakash Bhatt, namely, Basanti Bai along with two children Praveen Kumar (son) and Ku. Santoshi (daughter).

(3.) Respondent- Ajit Kumar Bhatt opposed the application and stated that maintenance under Sec. 21 and 22 of the Act of 1956 cannot be allowed or entertained stating several reasons. Learned Family Court dismissed the application, hence, this appeal.