RI SAWILUAIA Vs. SMTI NGURBIAKVELI

JUDGEMENT

(1.) THE forensic battle is between the father -in -law and his daughter -in -law. It in "a new comet" in the Union Territory of Mizoram.

(2.) MRS . Naurbiakveli, the opposite party married Chalthanthuama on 27.11.76 and lived happily until her husband died on 15.2.80. Her husband was an Assistant Jailor. Luckily the young widow could obtain a job in a Primary School at Lunglei and had to leave her father -in -law to eke out her livelihood. Her husband left G.P. Fund, Family Pension and D.C.R. Gratuity. The present Petitioner, her father -in -law pounced on it so deny his own daughter -in -law the fund left by her husband. He filed a caw in the court of the Subordinate District Council Court and obtained an order in his favour. He obtained "The Heir ship Certificate" in respect of the property left by the husband of Ngurbiakveli, The decision of the Subordinate District Council Court deprived the poor widow who bad lost her husband even "the fund" left by him. Being so deprived the opposite party preferred an appeal to the District Council Court and obtained a verdict in her favour.

(3.) THE first contention is that the Respondent is not entitled to the fund as she had deserted her father -in -law. I have no manner of doubt that the opposite patty never deserted her father -in -law. The poor widow, to eke out her livelihood, took an appointment in the Primary School and went to Lunglei. This is no desertion as contemplated under any law for the time being in force. "Desertion", means the act by which a person abandons and forsakes, without any justification. The opposite party never abandoned or left her father -in -law without justification. She bad to earn her livelihood, so she went to Lunglei. Her going did in no manner affect the family of the father -in -law rather, they were relieved of the responsibilities of her maintenance. Therefore, I conclude that the finding of the learned District Council Court that the opposite party never deserted is valid, legal and in accordance with justice, equity and good conscience.