LAXMI Vs. SHYAM PRATAP

JUDGEMENT

(1.) The appellants, who are the widowed daughter-in-law and grand-daughter of the respondents, have filed the petition under Sec. 19 of the Family Court Act, 1984 against the order dtd. 3/5/2019 deferring their claim for interim maintenance in a petition under Sec. 19 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as The Act, 1956).

(2.) The facts in brief are that appellant no.1 Smt. Laxmi got married to Sh. Prakash son of the respondents on 3/12/2011 according to Hindu Customs and Rites and one daughter appellant No.2 was born from their wed lock on 1/10/2012. Unfortunately, Sh. Prakash expired on 14/12/2013 and since the next day, appellant No.1 along with her daughter shifted to her parental home. According to the respondents, she neither returned nor did she remain in contact with the respondents, but filed a petition for maintenance after four years i.e on 23/2/2018.

(3.) The appellant in her application for interim maintenance had asserted that she was not well educated and had no source of income to maintain herself or the daughter. She is totally dependent upon her old age ailing parents for her day to day needs. The respondent No.1/ father-in-law is an educated person employed in MTNL department and is duty bound to take care of the daughter-in-law and the grand-daughter. However, the respondents have intentionally and deliberately neglected them by not paying even a penny towards their maintenance. It was claimed that not only is respondent No.1 getting his regular salary but is also earning about ?20,000/- per month from rent and his total monthly earnings are about Rs.55000.00 to Rs.65000.00. Accordingly, she claimed interim maintenance in the sum of ?30,000/- per month till the disposal of the main petition.