SHAKUNTALA SHARMA Vs. MAYA DEVI

JUDGEMENT

(1.) This is an application filed on behalf of the plaintiffs undersection 151 Civil Procedure Code with permission to withdraw interest on the FD Rs by way of maintenance of the plaintiffs. The caseof the plaintiffs is that plaintiff No.1 is the legally wedded wife of Late Shri Rajendra Parsad and plaintiffs No.2 and 3 are the children born out of the wedding between Rajendra Prasad and the plaintiff No.1. Defendant No.1 is the mother of late Shri Rajendra Parsad and the defendant No.2 is the daughter out of the wedding between Rajendra Prasad and one Smt. SushilaDevi. The case of the defendants is that there was legally no marriage between late Shri Rajendra Parsad and plaintiff No. 1 and as such the plaintiffs are not entitled to any relief whatsoever.

(2.) Mr. Saini, learned counsel appearing on behalf of the plaintiffs has referred to a judgement of Bombay High Court reported in the case of Laxmibai Nagappa Matiwadar VS Limbabai Nagappa Matiwadar, AIR 1983 Bombay 222 in support of the submissions made in the application. In this judgement,it was held by the Bombay High Court that even if the marriage between the parties is void, the children born out of such marriage are entitled to right in property of their parents.

(3.) I have heard the learned counsel for the parties and I am of the view that it will be in the interest of justice that the amount of interest accrued on the FDRs mentioned in Annexure 2 annexed with the plaint should be divided between the plaintiffs on the one hand and defendants 1, 2 and Sushila Devi on the other hand. However, the share of the defendants should not be given to the defendants till an application is filed on behalf of the said persons and the same is heard and disposed of after affording proper opportunity to the plaintiffs. Accordingly, I direct that 50% of the amount of interest accrued on the aforesaid FD Rs be paid to the plaintiff No.l for her own maintence as well as for the maintenance of her twochildren who are plaintiffs No.2 and 3 and the balance 50% of the amount of interest be remitted to the Registrar of this Court by way of bank draft and the learned Registrar is directed to keep that amount in the shape of FDR for the period of one year.