RRMA BAI Vs. MEERA BAI

JUDGEMENT

(1.) THE defendant, Smt. Ramabai, against whom the plaintiff respondent Mirabai obtained a decree for payment of monthly amount of maintenance at Rs 60 from the date of institution of her suit and for payment of Rs. 5,000 on account of her marriage expenses, from the Court of the Additional District Judge, Chhindwara, in Civil suit No. 44 -A of 1958, has filed this appeal.

(2.) THE facts are these Admittedly, Narayan Rao Dandige owned the properties mentioned in the schedules attached to the plaint. By his first wife, he had a daughter who is the appellant Smt. Ramabai, and a son Nilkarth. By his another wife, Smt. Gangubai, he had a daughter who is the respondent in this appeal. Narayan Rao died on 13 -6 -1942 at Nagpur. Nilkanth being his only son inherited the entire property of his father. He was minor at the time of his, father's death. Therefore, the property was managed by his step -mother Smt. Gangubai on his behalf. Smt. Gangubai remarried in the month of August 1948; Before the remarriage, she executed a deed of release (Ex. D -1), dated 17 -1.1948. By the said document, she relinquished all her rights in the property of her said husband. It is stated in (Ex. D -1) that for bringing up her minor daughter Mirabai and for purposes of her education and marriage, she had kept with her those ornaments only which were presented to her at the time of her marriage with she deceased Narayan Rao Dandige and that only an amount of Rs. 100 per year shall be paid to her by Nilkanth for bringing up the plaintiff Mirabai up to her attaining the age of 16 years or up to the time of her marriage if her marriage was performed earlier.

(3.) IN the plaint, the plaintiff Mirabai claimed past arrears of maintenance a: the rate of Rs. 125 per month for three years amounting to Rs. 4,500 and future maintenance, at the same rate. She also claimed a decree for Rs. 10,000 against the, defendant for her marriage expenses. It was also claimed that the maintenance allowance be declared a charge over the property of Nilkanth in the possession of the defendant.