LAWS(TRIP)-2021-4-72

MOUTOSHI CHAKRABORTY Vs. MANJU DEB [CHAKRABORTY]

Decided On April 23, 2021
Moutoshi Chakraborty Appellant
V/S
Manju Deb [Chakraborty] Respondents

JUDGEMENT

(1.) Heard Mr. R.G. Chakraborty, learned counsel appearing for the appellant as well as Mr. D.C. Saha, learned counsel appearing for the respondent.

(2.) The appellant, namely Moutushi Chakraborty is the daughter of Narayan Chakraborty, apparently from the 'second marriage' in subsistence of the marriage of Narayan Chakraborty with Manju Deb, the respondent herein. In the proceeding being Misc.58 of 2013, for issuance of the succession certificate, it has been held that the appellant's mother, namely Smt. Karuna Chakraborty cannot claim any maintenance as she is not legally married wife of Narayan Chakraborty. But, there cannot be any dispute that the appellant has a right over the property/estate of the deceased for all purposes. Such right has been acknowledged by the court of the Civil Judge, Sr. Division, in Misc [Suc] No.114 of 1999, where it has been declared that the appellant is one of the legal heirs and there cannot be any dispute in this regard. The appellant and her mother, Karuna Chakraborty filed a petition under Section 20 of the Hindu Adoption and Maintenance Act, 1956 seeking maintenance in favour of the appellant at the rate of Rs.1,500/- per month from the first wife of the deceased who is now receiving family pension for death of Narayan Chakraborty. Evidence was recorded. On appreciation of the evidence, the Judge, Family Court, Agartala, West Tripura has observed as follows:

(3.) Mr. R.G. Chakraborty, learned counsel appearing for the appellant has seriously criticized the said order showing that when someone filed the pleadings claiming maintenance it has to be determined by the court that whether she has sufficient source of income to maintain herself or not. It is not a mechanical process. Moreover, Mr. Chakraborty, learned counsel has submitted that the interpretation of Section 21 of the Hindu Adoption and Maintenance Act, 1956 is totally unacceptable. Section 21 of the Hindu Adoption and Maintenance Act, 1956 defines the 'dependants' for the purpose of Chapter-III of the Hindu Adoption and Maintenance Act, 1956. The dependants are the relatives of the deceased who are: