JANAKRAM SAHU Vs. MANISHA SAHU

JUDGEMENT

(1.) This appeal is directed against the order dtd. 28/10/2022 passed by the Family Court, Mahasamund, District- Mahasamund (C.G.) in Civil Suit No. 05/2022 whereby the application for grant of maintenance under Sec. 19 of the Hindu Adoptions and Maintenance Act, 1956 so far as it relates to respondents No. 1 and 2- the wife and the child of late Amit Sahu has been allowed granting the maintenance of Rs.1,500.00 per month to respondent No.1/wife and Rs.500.00 per month to respondent No.2/child.

(2.) Before learned trial Court, it is an admitted fact that respondents No. 1 and 2 are wife and child of late Amit Sahu who is son of the appellant. Amit Sahu died on 2/1/2022. During his lifetime, he paid maintenance of Rs.1500.00 to his wife/respondent No.1 herein and Rs.1000.00 to child/respondent No.2 herein. It is also an admitted fact before the learned trial Court that non-applicant/appellant herein Janakram Sahu got retired from Electricity department as Lineman/ Inspector in the year 2013 and his ancestral land is located in joint account in Village- Jhalkhamhariya/Boriyajhar.

(3.) Applicants No. 1 and 2/respondents herein filed application under Sec. 19(1 and 2) of the Hindu Adoptions and Maintenance Act, 1956 against non-applicant/appellant herein on this ground that during lifetime of late Amit Sahu, the maintenance amount of Rs.5,000.00 was left to be paid and after his death, no maintenance amount of any kind is being paid to the respondents by the appellant herein. The appellant is getting a pension of approximately Rs.40,000.00 per month after retiring from the post of officer in the Electricity Department. Apart from this, the appellant has agricultural land bearing Khasra No. 509 Rakba 0.16 hectares in village Jhalkhamhariya, land bearing Khasra No. 400 Rakba 0.67 hectares in village Parswani, and land bearing Khasra No. 198 Rakba 0.41 hectares in village Boriyajhar and all lands are irrigated double cropped. Apart from the above land, appellant has a big house in village Tumgaon from which he gets a sum of Rs.10,000.00 per month as a rent. After retirement, the appellant did some contract work for building houses and from which he used to earn Rs.10,000.00 - 15,000/- per month. The appellant used to earn Rs.5,00,000.00 per crop annually from all agricultural land and approximately Rs.50,000.00 per month from all income sources. She further pleaded that she is physically weak and is not capable to do any kind of work and she has no any source of income to maintain herself and her child. Respondent No.2- Ku. Tokeshwari Sahu is studying in Class 3rd. Appellant is financially capable. Therefore, the appellant may be directed to pay an amount of Rs.10,000.00 - 10,000/- i.e. total Rs.20,000.00 per month as maintenance to the respondents.