LAKHAN Vs. SMT. ARCHNA LODHI AND OTHERS

JUDGEMENT

(1.) This Civil Revision has been filed by the applicant against the order granting maintenance to widowed daughter -in -law by the father -in -law (applicant) under Section 19 of the Hindu Adoption & Maintenance Act. 1 According to the applicant, in the Hindu Adoption and Maintenance Act, there is no provision for maintenance. Of course, after coming to the course of the Family Court Act, an appeal is now provided to its earlier order which was passed by the Family Court which may include such an order. However the question remains as to whether against an order passed under Hindu Adoption and Maintenance Act not by a Family Court but by an ordinarily Civil Court if an appeal is not provided then what is the remedy.

(2.) According to the applicant, answer is given by the Apex Court in the case of Sadhana Lodh vs. National Insurance Company Limited reported in 2003 Legal Eagle (SC) 86. In the aforesaid judgment, the Apex Court has held as follows : -

(3.) Learned counsel for the applicant submits that the Civil Revision has been filed by the applicant is maintainable.