KSHITI SUNDARI NANDA Vs. FANI BHUSAN NANDA

JUDGEMENT

(1.) is is an appeal under Section 19 of the Family Courts Act filed by the plaintiff-appellant challenging the judgment and order dated the 25/10/1995 passed by the Judge, Family Court, Rourkela, dismissing Original Suit No. 54 of 1994.

(2.) Shorn of unnecessary details, the facts in short, which are necessary for effectual adjudication of the inter se disputes are as follows :- Original Suit No. 54 of 1994 was filed by the appellant under Section 22 of the Hindu Adoption and Maintenance Act, 1956, praying for issuance of a direction to the defendant-respondent to pay a sum of Rs. 3000/- per month towards maintenance till her death. It is averred by the plaintiff that she was the legally married wife of Late Jagamohan Nanda, the brother of the defendant. The marriage was solemnised at Rajabati Sahi according to the customs prevalent in the locality, when she was a minor. She lost her husband during her minority and all along stayed with her parents. However, she visited her in-law's house on festive occasions and also took active part in the family functions. Unfortunately, she lost her parents and she was constrained to reside in her parent's house, as the defendant, who inherited the entire joint family properties, was not prepared to accommodate her. The defendant also refused to bear her day-to-day expenses nor did he provide her shelter, food, clothings etc. It is averred that the defendant also did not accept the requests made by the village head-man and other relatives. Though, initially, the defendant provided some food and fuel at the end of each month, as per the direction of the local Bhadralogs, subsequently he stopped it. According to the plaintff, she is entitled to her legitimate share in the properties of her husband. It is alleged that the entire properties of the common ancestor Dhirsen Nanda, who had only two sons being, the defendant and the Late Husband of the plaintiff, have been inherited and enjoyed by the defendant alone. The compensation received from the State Government under the provisions of the Orissa Estates Abolition Act was received by the defendant alone and no amount was paid to the plaintiff. On the basis of the aforesaid averments, the plaintiff claims that she is entitled to half share in the properties described in schedules 'A', 'B', 'C' and 'D' of the plaint. It is also alleged that, as she has got no source of income and is unable to meet her day-to-day requirements, a direction should be issued to the defendant to pay her Rs.3000/- per month. She also prayed for some other consequential reliefs.

(3.) After receiving notice, the sole defendant appeared and filed a written statement repudiating the allegations made by the plaintiff. According to the defendant, the plaintiff had never married his late brother Jagamohan Nanda nor she has any connection with the family. It is also alleged that she is not the daughter of Late Laxman Satapathy. It is stated that she is aged about 62 years and as she is not the married wife of Late Jagamohan Nanda, she is not entitled to any relief under the Hindu Adoption and Maintenance Act, 1956. According to the defendant, his brother Jagamohan Nanda expired at the age of 13 or 14 in the year 1945 and that plaintiff was never married to him nor the plaintiff at any time attended any function of the family. The other averments in the plaint are also specifically denied, so also the relief claimed.