RAM PRASAD SAHNI Vs. PUNITA DEVI

JUDGEMENT

(1.) We have heard the parties and perused the records of this case.

(2.) This appeal has been preferred assailing the judgment dated 17.07.2013 delivered in Maintenance Case 241/2010 by the Principal Judge, Family Court, Darbhanga.

(3.) The respondents filed an application under Sections 21 and 22 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as "the Act") demanding maintenance from the father-inlaw of the respondent no.1 in the facts and circumstances, the husband, i.e., the son of the appellant, died on 17.11.2010 leaving behind her and two sons and one daughter, who have been impleaded as respondent nos.2, 3 and 4 respectively in this case. It is also stated in the application that applicant no.1 was married to late Sushil Kumar Sahni, i.e., the son of this appellant on 13.07.2000. Allegations have been made in the application filed for the maintenance of assault and torture by the father-in-law along with the daughter and his sonin-law also stating that on 29.11.2010, all of them tried to kill her in the manner stated in the paragraph no.6 of the application and subsequently drove her out of the matrimonial house. There was "panchayati" also but the opposite-party appellant was not ready to accept her in his house. As a result, applicant no.1 along with sons and daughter was compelled to reside at her father's place. It is further stated in the application that the opposite party-appellant had only one son who was having property such as orchard, cattles, pond (jalkar). After his death, the father is trying to grab everything and even grabbed the "Stridhan" due to which now the applicant has reached the stage of starvation. It is further stated in the application that the applicant is not at all able to maintain herself or her children. She has disclosed in paragraph 13 of the application that the appellant has 4 bighas of agricultural land, 3 khatas of household and 16 kathas of orchard and one pond. Further that he is earning from fishery and Makhana cultivation. That apart, he is also having 2 cows and in total is having income of Rs.35,000/- to 40,000/- per month. Still he is not maintaining his grandsons, granddaughter and daughter-in-law. Applicant-Respondent No.1 has demanded Rs.16,000/- per month in the application for maintenance of herself and children.