RAM SHANKAR VISHWAKARMA Vs. RANI VISHWAKARMA

JUDGEMENT

(1.) The appellant has filed this appeal under Sec. 19(1) of the Family Court Act, 1984 against the impugned order dtd. 5/9/2022 passed in Civil Suit No.346A/2016 by learned 1st Additional Principal Judge, Family Court, Jabalpur.

(2.) The relevant facts necessary for deciding this appeal are that applicants/respondents have filed an application under Sec. 19(1) read with Sec. 21(iii)(v) and Sec. 22 (i) sub-sec. (2) of Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the 'Act of 1956') against the appellant who is the father-in-law of respondent No.1 and grand father of respondent No.2 on the ground that respondent No.1 was married to late Sunil Vishwakarma (son of appellant) and with the wedlock of Sunil Vishwakarma and respondent No.1, a child (respondent no.2) was born. Sunil Vishwakarma died on 30/11/2015, after his death appellant has treated respondents with mental and physical cruelty and also expelled them from the house without giving any maintenance to her. It is also pleaded that respondents have no means to maintain herself and the appellant is a retired employee of Railways and getting pension of Rs.30,000.00 (Thirty Thousand Rupees) monthly and he has also a rental income of approximately Rs.40,000.00 (Forty Thousand Rupees) per month from the house and her mother-in-law is also getting an income of Rs.15000.00 (Fifteen Thousand Rupees) per month from a grocery shop which was run by the husband of respondent No.1 in his life time. It is also pleaded that for expanding the business of the grocery shop, respondent No.1 has taken a loan from the bank. After the death of her husband that shop is now managed by the wife of appellant. Hence prays for maintenance from the appellant.

(3.) In reply, the appellant has denied the pleadings of the applicants/respondents and submits that respondent No.1 is not a legally wedded wife of late Sunil Vishwakarma and respondent No.1 has sufficient source to maintain herself and her minor child, hence prayed for dismissal of the application.