PRADEEP PURI GOSWAMI Vs. NIDHI GOSWAMI

JUDGEMENT

(1.) Ku. Nidhi Goswami is daughter of Dilip Puri Goswami and the applicant- Pradeep Puri Goswami is the brother of Dilip Puri Goswami. She filed an application under Section 125(1) of the Code of Criminal Procedure, 1973 ("Cr.P.C"for brevity) pleading inter alia that she was adopted by the applicant herein Pradeep Puri Goswami, as he had no issue of his own and he asked her father Dilip Puri Goswami to give his daughter on adoption and she was adopted as per Hindu Rites and Rituals, thereafter, she became the adopted daughter of the present applicant- Pradeep Puri Goswami. There is no formal deed of adoption. It was further pleaded that applicant- Pradeep Puri Goswami after the death of his wife Premlata Goswami, performed second marriage and blessed with a daughter Ku. Geetanjali and, since then, the applicant herein started neglecting her and failed to discharge his duty towards her as a father and failed to provide food, clothing and educational expenses, as such, she is unable to maintain herself and she is entitled for maintenance from her adopted father.

(2.) The present applicant filed his counter- affidavit and specially denied the factum of adoption by stating inter alia that Ku. Nidhi Goswami is residing with her natural father Dilip Puri Goswami and further pleaded that in order to grab his property, such an application has been filed. It was also pleaded that a Civil Suit No.50-A/2007 has been filed by non-applicant herein Ku. Nidhi Goswami, which is pending consideration and therefore, she is not entitled for maintenance.

(3.) The Family Court, by its impugned order dated 28/07/2012, allowed the application holding that the non-applicant is adopted daughter of the present applicant, as such, she is entitled for maintenance.