DALIP SINGH Vs. BEANT KAUR

JUDGEMENT

(1.) The defendant is in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit filed by the plaintiffs/respondents herein, for maintenance under Ss. 19 and 20 of the Hindu Adoption and Maintenance Act 1956 (hereinafter referred to as 'the Act') and permanent injunction, has been decreed by both the Courts below.

(2.) Brief facts of the case are that the plaintiff No.1 was married to Gurbax Singh/son of the appellant on 24/3/1999. Plaintiff No.2 was born out of their wedlock, who has been residing with his mother-plaintiff No.1 throughout. Gurbax Singh had died on 18/3/2001. It was pleaded by the plaintiff that thereafter within 6 months of death of Gurbax Singh, she was thrown out of her matrimonial home along with her minor son. It was further pleaded that the defendant was owner in possession of 35K 14M as described in the plaint along with tubewell bearing account No. NB2/153; residential house along with electric connection bearing account No. SB14/1989 as per jamabandi. It was further alleged that the defendant had sold the aforesaid tubewell and house etc. for a sale consideration of Rs.13,77,912.00 vide registered Sale Deed dtd. 3/5/2001 and registered on 4/5/2001 to Bhajan Singh. From the said sale consideration, defendant had purchased various other lands. On the other hand, Plaintiffs had no movable or immovable property in their names and were residing at the parental house of plaintiff No.1. The plaintiffs were unable to maintain themselves; defendant had refused to share any property of the matrimonial home, though the husband of plaintiff No.1 was entitled to half share of the total property as defendant had only 2 sons. It was alleged that the defendant had also refused to return dowry articles of the plaintiff No.1. Accordingly, plaintiffs prayed for maintenance by way of the suit which was filed on 10/8/2011.

(3.) The said suit was resisted by the defendant by filing written statement stating that the plaintiffs had left matrimonial home on their own accord and without any reason 20-25 days after the death of Gurbax Singh. The defendant was owner in possession of only 2 acres of land upon which the defendant and his family members were totally dependant. Hence, dismissal of the suit was prayed for.