MANALI SINGHAL Vs. RAVI SINGHAL

JUDGEMENT

(1.) "Marriage is one long conversation, chequered by disputes" said so Robert L. Stevenson. It may or may not be the whole truth but there is no gainsaying the fact that it has got a grain of truth in it as is manifest from the facts of the present case.

(2.) Plaintiff No.1 herein and the defendant No.1 were married on 10th February, 1989. Plaintiff No.2 was born on 18th March, 1991. She is six years of age. Plaintiffs and the defendant No.1 used to live at their matrimonial home i.e. 24, Olof, Palme Marg, Vasant Vihar, New Delhi till November, 1994. Defendants nos. 2 and 3 are the father and mother of defendant No.1. Defendant No.4 is the HUF with defendant No.2 as the Manager thereof. The plaintiffs are also the members of the Hindu Undivided Family.

(3.) Plaintiff No.1 took her mother in 1994 abroad in connection with her treatment. She returned with her ailing mother on 31st October, 1994. Defendant No.1 met her at the Airport and apprised her of the fact that he had already moved out of his family home referred to above and he did not want to live with her any more. Defendant No.1 thus deserted the Plaintiff. Consequently, in view of the above changed circumstances, plaintiff No.1 alongwith her daughter i.e. plaintiff No.2 was forced to shift to the house of her parents. The mother of plaintiff No.1 died on 10th November, 1994. In the above circumstances a family settlement was arrived at in between the parties to the present proceedings on 4th November, 1994 with a view to providing financial assistance to the plaintiff vide Annexure-A. The defendants have wilfully and deliberately defaulted in performing their part of obligation under the said settlement and in making the payments as agreed to in between the parties and to provide for the plaintiffs. The defendants have failed to provide the monthly maintenance to the plaintiff in terms of the said settlement from January, 1997 onwards. They have also defaulted in paying the school fees of the plaintiff No.2. The plaintiffs are being put to a lot of inconvenience and hardships on account of defaults made by the defendants. Plaintiff No.1 is a young lawyer and is working for a law firm. She is being supported by her father. Whereas plaintiff No.2 has got almost none to support her. Hence arose the necessity for the presentation of the application under disposal under Section 151 of the Code of Civil Procedure for maintenance, being I.A. No. 11261/97.