NAND KISHORE LAL Vs. SHRIMATI CHANCHALA LAL

JUDGEMENT

(1.) Challenge in this appeal is to the order dtd. 2/12/2015 passed by the Judge, Family Court, Janjgir, District Janjgir-Champa, in CMJC No.30/12 wherein maintenance has been directed to be paid to the widowed daughter-in-law (respondent herein) as against her father-in- law (appellant herein).

(2.) The facts, in brief, are that the respondent was married to the son of the appellant namely; Ashwani Kumar Lal on 11/7/2008. The husband of the respondent died on 21/6/2012. According to the respondent, after the death of her husband there was a considerable change in the behaviour of in-laws towards her and she was almost deserted in the family. Having reported the facts to her father, she was taken to her parental home. The respondent further pleaded that the bank passbook and ATM card, which belong to her husband were kept by the in-laws. The respondent also pleaded that at village Haretikala, Tahsil Jaijaipur ancestral property of 11.78 acres and at village Jaijaipur 3.97 acres of agricultural land are held by the appellant. In addition, three shops and house situated at different places of Korba wherein right of late husband of the respondent is also vested. According to the respondent, she has no source of income to maintain herself, as such, an amount of Rs.7,000.00 per month was claimed towards maintenance.

(3.) In reply to the averments made by the respondent, the appellant contended that the respondent herself left the matrimonial home and she was never deserted by his family members. He further contends that in order to treat the ailment of his son (husband of the respondent), considerable amount was spent, as such, the appellant does not have any source of income and, therefore, he is unable to pay the maintenance.