DEV NATH YADAV Vs. SMT. SHASHIKALA DEVI

JUDGEMENT

(1.) This appeal under Section 19 of the Family Court Act has been filed against the judgement and order of the Principal Judge, Family Court, Varanasi dated 2.5.2017. The facts relevant for deciding the appeal are as under:

(2.) Smt. Shashikala Devi was married to one Rajendra Yadav, who expired on 1.11.2012. The widow having no other source to maintain herself, filed an application against the father-in-law under section 19 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as Act) claiming that she was entitled to be maintained by the father-in-law, as in the properties possessed by the father being plot Nos. 441, 49, 47 and 48 village Gola, Pargana Katehar, Tehsil Sadar, District Varanasi, her husband was co-partioner and that the share of the husband after his death, has gone to father-in-law as the property was joint Hindu family property.

(3.) An objection was raised in respect of maintainability of the application by the father-in-law on the ground that the agricultural property has to be dealt with as per the provisions of U.P.Z.A and L.R. Act. The widow daughter-in-law was not justified in contending that the property was joint Hindu family property or that husband had a share in the said property, which has fallen in the share of the father subsequent to his death.