AMAR SINGH Vs. JOGINDER KAUR

JUDGEMENT

(1.) THE respondents are legal representatives (wife and children) of Gurcharan Singh, a deceased son of the petitioner-Amar Singh. The latter filed a suit under the Hindu Adoption and Maintenance Act for a direction to the petitioner herein to pay maintenance at the rate of Rs. 2000/- for respondent no.1 and Rs. 1500/- each to respondents no.2 and 3 per month. The plea raised was that the maintenance may be paid with effect from the date of filing of the suit. In the course of the proceedings of that petition, the respondents filed an application for the grant of interim maintenance and also for a direction that there shall be a charge on the property in the hands of the petitioner here in.

(2.) THE application came to be allowed by the learned Trial Court which held that all the respondents shall be entitled to Rs. 3000/- (Rs. 1000/- each) with effect from the date of application for interim maintenance i.e. 26.5.2004. It was further ordered that the "interim maintenance will be first charge upon the co-parcenary property and defendant is directed not to dispose of the share of plaintiffs in the coparcenary property held by him as per Jamabandi for the year 1998-99."

(3.) THE petitioner herein has complied with the above consensual arrangement in toto. Relevant transfer deed has been executed by the petitioner herein in the name of respondent no.1-Joginder Kaur which (land) she would hold for self and on behalf of two minor daughters. That transfer has come about in lieu of 1/9th share held by the deceased husband of respondent no.1 in the ancestral property.