LAWS(ALL)-1978-5-47

JAGDISH PRASAD Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE

Decided On May 19, 1978
JAGDISH SINGH Appellant
V/S
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEHRADUN Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the judgment of the Additional District Judge, Dehradun dated 1-2-1978.

(2.) THE only ground pressed in the writ petition was that the courts below committed an error in holding that the need of a daughter-in-law could be a basis for an application filed under Section 21 of U. P. Act No. 13 of 1972.

(3.) FOR the purposes of finding out the liability of a father-in-law to maintain his daughter-in-law reference may he made to Section 19 of the Hindu Adoption and Maintenance Act, 1921. Under this section a Hindu wife whether married before or after the commencement of this Act is entitled to be maintained after the death of her husband by her father-in-law. Section 3 of the said Act defines the word "maintenance" including the right of residence. Accordingly, S. D. Bahuguna, who was the father-in-law of Shrimati Rekha Bahuguna was liable to maintain her and to provide her a house.