TWINCLE @ BABI Vs. PURSHOTTAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 06.06.2012, as passed by the Family Court, Udaipur on the petition filed by the appellant (Case No. 175/2009) under Section 19 read with Section 22 of the Hindu Adoptions and Maintenance Act, 1956 seeking maintenance from the respondent, the father of her deceased husband. The Family Court has declined the prayer made by the appellant for provision of her maintenance as against her father -in -law, inter alia, with the findings that as such, the respondent was not in possession of any property belonging to the appellant or her husband and was not an earning member. Upon taking up of the matter, the learned counsel for the parties submitted that the matter had been discussed in the Mediation Center too but as the parties could not finally arrive at a mutually acceptable figure of the amount of maintenance, the proposition for settlement did not materialize.

(2.) AFTER having examined the record and looking to the overall circumstances of the case, when we expressed our prima facie view that some provision for maintenance of the appellant, who happens to be the wife of the deceased son of the respondent, deserves to be made, the learned counsel for the appellant, in the first place, submitted that reducing her claim, the appellant would be willing to receive an amount of Rs. 3,500/ - per month towards maintenance. The learned counsel for the respondent submitted that though the respondent is not having any direct source of income but, looking to the circumstances and the status of the appellant, he would be willing to make a provision of about Rs. 2,500/ - per month for the maintenance of the appellant until she does not remarry.

(3.) THE proposition so stated by the learned counsel appear to be fair as also reasonable; and having examined of the record, we are also of the considered view that such an order deserves to be made. Therefore, and in view of the above, the proposition as stated by the learned counsel for the parties, which appear to be reasonable, lawful and fair, is approved.