LAKHAN Vs. ARCHANA LODHI

JUDGEMENT

(1.) With the consent of learned counsel for the parties matter is heard finally.

(2.) The present revision has been preferred against the order dated 29/1/2016 passed by Additional District Judge, Pichhore, district Shivpuri in case No. 14 -A/2015 (HMA); whereby ,the application preferred by the respondents under Section 19 of the Hindu Adoption & Maintenance Act, 1956 has been allowed and petitioner has been fastened with the liability of payment of Rs. 8,000/ - per month to the respondents, who happen to be his daughter -in -law and grand children.

(3.) At the outset, learned counsel for the petitioner had drawn attention of this Court over a judgment rendered by a Division Bench of Chhattishgarh High Court in the case of Dayali Sukhlal Sahu Vs. Smt. Anju Bai Santosh Sahu, AIR 2010 Chhattisgarh 80; wherein, Chhattishgarh High Court has mandated that in the proceedings under Section 19 of Hindu Adoption & Maintenance Act, 1956 clear finding is necessary whether from the estate of the parents, the applicant (daughter -in -law) who is seeking maintenance, can maintain her and under what circumstances she is unable to maintain herself or by her parents. For this purpose, parents of daughter -in -law are required to be heard and therefore, they are necessary party in the litigation.