RAMESH KUMAR Vs. RAJESH

JUDGEMENT

(1.) This appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the order dated 22-4-2009, passed by Judge, Family Court, Haridwar in Suit No. 123 of 2008, whereby the said Court has passed an ex parte order directing the Appellant Ramesh Kumar, under Section 19 read with Section 23 of the Hindu Adoptions & Maintenance Act, 1956, to pay Rs. 1,000/- as maintenance to each of the Respondents (in all Rs. 3,000/- per month) by 10th of every month.

(2.) Heard Learned Counsel for the parties, and perused the record.

(3.) Brief facts of the case are that Respondent No. 1 Smt. Rajesh got married to Yogesh, son of the Appellant Ramesh Kumar, on 3-5-2004. Out of the said wedlock two sons, namely, Aryan (present Respondent No. 2) and Alok (present Respondent No. 3) were bom. Unfortunately, on 8-10-2007 Yogesh (husband of Respondent No. 1) died. The Respondents moved an application under Section 19 read with Section 23 of the Hindu Adoptions & Maintenance Act, 1956 before the trial court claiming maintenance at the rate of Rs. 5,000/- per month from the Appellant (father-in-law of Respondent No. 1 and grandfather of Respondent Nos. 2 and 3). It is pleaded by the Respondents before the trial court, in their application, that the Appellant is in possession ancestral property, which included estate of the deceased. It is also pleaded by the Respondents, before the trial court, that they are unable to maintain themselves. It is further pleaded that the Appellant is employed with the Railway Department and earns around Rs. 12,000/- per month. It is also alleged that Initially the Appellant promised that he would get Respondentno. 1 married with his younger son Latesh (brother-in-law of Respondent No. 1),but the same did not happen. The trial court issued notices to the opposite party (present Appellant) but no one turned up to contest the application. In the circumstances, the trial court accepted the evidence in the form of affidavits, and after going through the evidence on record, passed an ex parte order directing the Appellant to pay Rs. 1,000/- to each one of the present Respondents as maintenance, under Section 19 read with Section 23 of the Hindu Adoptions & Maintenance Act, 1956. Aggrieved by the said judgment and order dated 24-4-2009, passed by the Judge, Family Court, Haridwar, this appeal is filed on behalf of the father-in-law of Respondent.