RUNDIBALA ROY Vs. PUTUBALA

JUDGEMENT

(1.) This revisional application arising out of S.115 of the Civil P. C. made by Rundibal'a Roy, second wife of late Nagendra Nath Roy and her minor sons is directed against judgment and order passed by Sri S. N. Mitra, Munsif, Khatra on 31-5-1979 whereby he allowed J, Misc. Case No. 11, 77. and J. Misc. Case No. 1/79 arising out of Title Execution Case No. 6/76 and 1/77 respectively and further declaring therein that Putubala was entitled to execute for Rs. 724/- as maintenance for the year 1381-82 B.S. and also to execute for Rs. 387/- against the judgment-debtors (as would appear from his order) and finally declaring that the main execution case by Putubala would be proceeded with.

(2.) The case of Putubala is that Nagendra Nath Roy married her in 1945, She lived with him for about four years. In 1955 Nagendra Nath drove her away from his house and refused to maintain her. In 1954 Nagendra Nath Roy married again and Rundibala (one of the petitioners herein) became his second wife. Putubala filed a suit on 10-6-55 in forma pauperis claiming for a decree for maintenance against the husband Nagendra Nath Roy. On 30th Aug. 1956 a compromise decree was passed and one of (he said clauses of the compromise decree was that some properties would be charged for the maintenance of Putubala during her lifetime. Nagendra Nath paid her maintenance during his lifetime: he died in 1975. There were arrears of maintenance and Putubala executed the compromise decree.

(3.) The case of Rundibala in this revisional application is that after the death of Nagendra Nath Pulubala became the heir of the deceased having inherited two annas share of Nagendra Nath and her case is that after her inheritance she became disqualified to get maintenance from the other heirs of Nagendra as the right of maintenance of the opposite party was abolished and obliterated by the Hindu Succession Act (Para 5 (d) of the present petition) and as such the execution ease for the sale of charged property and for the recovery of arrears of maintenance was not maintainable.