OM PARKASH Vs. SMT. RAJ BALA AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed against an order dated 3.9.2009, decreeing a suit, filed by the Respondents against the Appellant under Sections 19, 21 and 22 of the Hindu Adoption and Maintenance Act, 1956, granting maintenance to the Respondents @ Rs. 2400/ -per month i.e. Rs. 1000/ -for Respondent No. 1 and Rs. 700/ -each for Respondent Nos. 2 and 3, till such time Respondent No. 1 re -marries and Respondent Nos. 2 and 3 attain age of majority or till share of their deceased father is transferred in their name.

(2.) MARRIAGE of Respondent No. 1 was solemnized with Harkesh Gaur son of the Appellant. Out of the wedlock, two children were born. Harkesh Gaur died on 9.8.2002. Respondents were not maintained by the Appellant. They had to live separate from him. It is case of the Appellant that a house measuring 54 square yards has been given to the Respondents in a compromise and on account of that, they are not entitled to get any maintenance whatsoever from him.

(3.) The parties were given ample opportunity to lead evidence. Thereafter, it was found, as a matter of fact, that the Appellant was duty bound to maintain the Respondents. He has failed to do so. It was also noted that the Appellant is in possession of joint hindu family property, in which, the deceased Harkesh Gaur had a share. It has also come on record that the Respondents are entitled to inherit the share of Harkesh Gaur.