RAINA Vs. HARI MOHAN BUDHAULIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 28.2.2003 passed by 1st Addl. Civil Judge (S.D.), Banda rejecting application for impleadment of Km. Muniya and Km. Chuniya, daughters of late Alok Kumar Budhauliya, as petitioner in a petition under Section 19 of Hindu Adoption and Maintenance Act, filed by their mother Smt. Raina Budhaulia after death of their father Alok Kumar Budhaulia. The said order was also affirmed in revision by order dated 6th December, 2003.

(2.) Learned Counsel for petitioner urged that Km. Muniya and Chuniya are minor daughters of late Alok Kumar Budhaulia. They are also entitled to get maintenance along with their mother. Their application for impleadment was wrongly rejected by the Courts below. Impugned orders are liable to be quashed and they may be permitted to be impleaded as petitioners.

(3.) In reply to the same learned Counsel for opposite party urged that under the provisions of Section 20 of Hindu Adoption and Maintenance Act, minor daughters are entitled to claim maintenance from their mother, hence order was rightly passed refusing to implead minor daughters as petition in a petition for maintenance. He further urged that orders were rightly passed in accordance with law, same do not require any interference.