JIT SINGH Vs. GURMEET KAUR

JUDGEMENT

(1.) This is defendant's second appeal directed against the judgment and decree of the learned Additional District Judge, Patiala, whereby on appeal preferred by the plaintiff, judgment and decree of the Trial Court has been set aside and suit of plaintiff partly decreed.

(2.) Plaintiff being the daughter-in-law, on the death of her husband, filed suit for grant of maintenance at the rate of Rs. 1,000/- per month against the appellant and for creating charge of the maintenance on the agricultural land to the extent of 2/3rd share of the defendant in land measuring 39 bighas 14 biswas situated in the revenue estate of Village Hassanpur, Tehsil Rajpura, District Patiala, as per jamabandi for the year 1991-92. Upon contest, Trial Court dismissed the suit on the ground that plaintiff is able to get maintenance from the estate of her father and, thus, is not entitled to get any maintenance allowance from her father-in-law. In appeal, however, the learned Additional District Judge, Patiala, set aside the judgment and decree of the Trial Court and decreed the suit. Consequently, respondent has been held entitled to Rs. 400/- per month from the appellant as maintenance allowance and the maintenance allowance has been made a charge on l/3rd share of the suit land which stands in the name of appellant.

(3.) In this second appeal, learned Counsel appearing on behalf of the defendant has contended that respondent is staying with her father who owns substantial property and, therefore, appellant being the father-in-law is not under a legal obligation to maintain his daughter-in-law. In this regard reference has been made to proviso to Section 19 of the Hindu Adoptions and Maintenance Act, 1956 (in short the Act).