JOGINDER SINGH Vs. ARVINDER KAUR

JUDGEMENT

(1.) THIS Revision has been preferred against the order dated 5.4.2006 passed by the Additional Civil Judge (Sr. Division), Ludhiana whereby petitioner has been asked to pay interim maintenance to the respondent at the rate of Rs. 1,000/- per month during the pendency of the suit.

(2.) ADMITTED facts of the case are that the respondent is the daughter of the petitioner. She was married to one Ranjit Singh on 12.6.1997. She has two children, one daughter and one son. Husband of respondent died on 24.7.1999. Respondent filed the suit against the present petitioner claiming maintenance under Sections 18 and 20 of the Hindu Adoption and Maintenance Act, 1956 from the estate of the present petitioner (defendant in the suit) at the rate of Rs. 10,000/- per month. The claim of the respondent was that though she is a married daughter, but she has no source of income to support and maintain herself and the children. It is further alleged by the respondent that her in-laws are also not in a position to maintain her and her children. Respondent further claimed that defendant has two shops where he is running his business in the name and style of M/s Happy Readymade Garment Store and M/s Amrik Readymade Garment Store at Janakpuri, Ludhiana and is earning Rs. 50,000/- per month. He has also rental income from the property No. 1534, Janakpuri, Ludhiana, besides income from interest. Respondent accordingly claimed Rs. 10,000/- per month as the maintenance. She also asked for interim maintenance.

(3.) VALIDITY of impugned order has been challenged in the present petition primarily on the ground that a married daughter cannot claim maintenance from her father under law and the father has no legal obligation to maintain a married or even a widow daughter, particularly, when she has a major earning son. From the impugned order, it appears that the petition has been filed under Sections 18 and 20 of the Hindu Adoption and Maintenance Act. Section 18 of the Hindu Adoption and Maintenance Act, provides that a Hindu wife is entitled to be maintained by her husband during her life time. This Section has no application to the present case. It is Section 20 of the Act which provides for maintenance of children and aged parents. It is relevant to refer to this Section which reads as under: