GULABSINGH Vs. KALPANA BAI

JUDGEMENT

(1.) THIS is a revision by the petitioner, Gulab Singh S/o Fatesingh, against the order dated 7th August, 1986, passed in Case No 57/86, by the VIIIth Additional Judge to the District Judge, Indore, Counsel heard.

(2.) SHORT facts leading to this revision are, that one Narainsingh, constable, who died in a motor accident on 28-9-1985. He was survived with his widow, three minor children, (one son and two daughters ). The petitioner is a father of the deceased Narainsingh. Non-petitioner No. 2, Ramesh alias Narayansingh, is a father of the widow, Kalpanabai. The name of the deceased was entered as owner of a house in the ownership registers of the Municipal Corporation. After his death, Rs. 19000/- were received by widow, Kalpanabai from the State Government in family benefit scheme. The widow alongwith her three children, i. e. two daughters (i) Banti, aged about 4-5 years (ii) Tina, aged about 3 years and (iii) a son, Rajkumar, aged about 2 years, was staying with in-laws. It is alleged by Kalpanabai that few days after the death of Narainsingh, her In-laws i. e. the parents and brother of deceased started ill-treating her. She and her children used to get two time meats with a great difficulty. Taunts were being passed by the family member of in laws. Out of Rs. 19000/-, Rs. 16000/- were taken by the in-laws for purchasing a tempo, which was purchased in the name of younger brother of the deceased.

(3.) KALPANABAI, the widow informed her father through letters from time to time about the behaviour and conduct of her in-laws. Ultimately, on 25-5-1986, the non-petitioner No. 2, the father of Kalpanabai came to her in-law's house. Kalpanabai and her children left for Burhanpur to stay with her parents. The widow is getting monthly pension of Rs. 250/-per month. About Rs. 50000/- is payable to the heirs of the deceased by the State Government.