SOU RAMABAI Vs. MEERABAI D/O NARAYAN RAO

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. 3,000 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 his Schedules attached to the plaint. By his first wife, he had a daughter who is the appellant Smt. Ramabai. and a son Nilkanth. 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 stepmother 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-l 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 the 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.) NILKANTH died on 12-8-1948. The defendant Ramabai inherited the estate as his real sister after his death.