SUSEELA Vs. DILEEP KUMAR

JUDGEMENT

(1.) This original petition has been filed challenging the order passed by the Family Court, Irinjalakuda on a preliminary issue in respect of the maintainability of the original petition in O.P.No.543/2015. The petitioner herein is the stepmother of the respondent. She filed an original petition against the son of her husband claiming past and future maintenance before the Family Court, Irinjalakuda under Section 20 of the Hindu Adoption and Maintenance Act, 1956 [for short, the Act]. According to the petitioner, she has no means for her livelihood. Being a stepmother of the respondent, she is entitled to get maintenance allowance from the respondent, and he has sufficient means to pay the maintenance allowance. The respondent entered appearance and resisted the claim for maintenance contending that the petitioner is a stepmother, who has a child of her own. So, she has no legal right to claim maintenance allowance from the respondent, under the said Act.

(2.) The family court raised a preliminary issue on the maintainability of the petition as to whether the claim of the petitioner is legally sustainable or not? After considering the rival pleas, the Family Court, Irinjalakuda rejected the claim for maintenance, on a finding that the petitioner is a stepmother having a child of her own. So she is not entitled to get maintenance allowance from her husband's children. That apart, the husband of the petitioner executed a Will deed, reserving the life estate in favour of the petitioner and thereby the petitioner got sufficient means for her livelihood. The legality and correctness of the findings, whereby the family court rejected the claim for maintenance, are challenged in this original petition.

(3.) Heard the learned counsel appearing for the petitioner.