BHAGWAN DAS Vs. SUNITA

JUDGEMENT

(1.) Present appeal has been filed by the appellant under the provisions of Sec. 19 of the Family Court Act, 1956 seeking setting aside of judgment and order dtd. 24/12/2019 passed in HMA No.06/2017 by the learned Family Court, whereby he has been directed to pay interim maintenance to the tune of Rs.3,000.00 per month to the respondent, from the date of filing of the petition till 30/11/2019 and thereafter, to pay maintenance of Rs.5,000.00per month. In addition, appellant has also been directed to bear school and other educational expenses of the children of his deceased son and respondent (daughter-in-law) and pay water and electricity expenses in respect of the premises under occupation of the respondent.

(2.) The appellant's son Sh.Satish Kumar got married to respondent as per Hindu Rites Customs and Ceremonies on 1/12/2012 and two children were born out of the said wedlock. The son of the appellant was employed in Delhi Home Guard when he expired on 15/7/2009. Pursuant to the death of appellant's son, respondent i.e. his daughter-in-law filed a petition under Sec. 19 of the Hindu Adoption and Maintenance Act, 1956 seeking a decree against the appellant to pay maintenance and also to pay a sum of Rs.2,00,000.00 on account of her alleged unlawful and illegal dispossession from the property bearing No.B-139, Harijan Basti, Kondli, Delhi.

(3.) The respondent claimed before the learned Family Court that she had no source of income to maintain herself and her istridhan articles were in possession of the appellant and that he had refused to maintain her in any manner even though he has substantial resources. The respondent averred before the learned Family Court that appellant is a permanent employee of East Delhi Municipal Corporation (EDMC) on the post of Beldar/ Chowkidar and is the owner of three following properties:-