APPELLATE COURT’S DECISION IN FAMILY MAINTENANCE DISPUTE
Category: Family Law
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FACTS OF THE CASE
The husband of the respondent was working as daily wage employee of the Irrigation Department. He suffered death due to murder, on 20.11.1999. The respondent has not been remarried. She also claims to have no source of survival. On the other hand, she pleaded that the amount Rs. 80,000/- was paid to the appellant by the irrigation department towards terminal dues arising from the death of his son (husband of the respondent).
It is her further allegation that the appellant had misappropriated that amount. She claims that the appellant has sufficient agricultural holding to which her husband may have have remained entitled, had he been alive. Claim has been made for the maintenance amount to be paid to the respondent.
The appellant objected that no amount was received by him towards terminal dues arising from the death of his son. In fact, the appellant claims that he made a term deposit of Rs. 20,000/- in favour of the respondent.
Moreover, the respondent refused to live in her matrimonial home i.e. to live with her matrimonial family. In fact, she went back to her parental family. Then, she engaged as a private househelp. Also, according to the appellant, she is also gainfully employed at K.P.M. Vidyalaya, Kheragarh Rathore Jaitpur Kalan, District Agra.
Learned trial court has found that the amount Rs. 80,000/- was paid to the appellant towards terminal dues arising from the death of his son. It has been further observed that the said money was not paid to the respondent.
Thereafter, learned trial court has disbelieved the claim set up by the appellant that the respondent was remarried to the said Jandail Singh and also disbelieved that the respondent was gainfully employed. . In such fact, learned trial court has awarded monthly maintenance at the rate Rs. 3,000/- per month to the respondent from the date of impugned order i.e. 22.10.2013. Upon challenges raised in this appeal, on 5.12.2013, the appeal was entertained and interim order was passed providing for payment of interim
LEGAL PROVISIONS OF THE CASE
Section 19 of the Hindu Adoptions and Maintenance Act, 1956
Section 23 of the Hindu Adoptions and Maintenance Act, 1956
Section 19 of the Family Courts Act, 1984
ISSUES OF THE CASE
Whether the appellant received Rupees 80,00 from the irrigation department towards terminal dues arising from the death of his son ?
Whether the appellant remarried to Jandail Singh or she was living in relationship with him or she was gainfully employed as 'Cook' at K.P.M. Vidyalaya, Kheragarh Rathore Jaitpur Kalan, District Agra?
Whether the widowed daughter-in-law of the appellant was living separately that too with her parent would affect the claim maintenance from her father-in-law ?
CONTENTIONS OF APPELLANT
The appellant objected that no amount was received by him towards terminal dues arising from the death of his son. In fact, the appellant claims that he made a term deposit of Rs. 20,000/- in favour of the respondent. The Appellant contented that respondent was remarried to Jandail Singh or she was living in relationship with him or she was gainfully employed as 'Cook' at K.P.M. Vidyalaya, Kheragarh Rathore Jaitpur Kalan, District Agra.The appellant also contended that the widowed daughter-in-law of the appellant was living separately that too with her parent without any reason.
CONTENTIONS OF RESPONDENTS
The respondents contented that amount Rs. 80,000/- was paid to the appellant by the irrigation department towards terminal dues arising from the death of his son (husband of the respondent). It is her further allegation that the appellant had misappropriated that amount. She claims that the appellant has sufficient agricultural holding to which her husband may have have remained entitled, had he been alive. The respondent also denied the fact that she was remarried to Jandail Singh or she was living in relationship with him or she was gainfully employed as 'Cook' at K.P.M. Vidyalaya, Kheragarh Rathore Jaitpur Kalan, District Agra.
COURT ANALYSIS AND JUDGEMENT
The trial court has found that the amount Rs. 80,000/ was paid to the appellant towards terminal dues arising from the death of his son. It has been further observed that the said money was not paid to the respondent. trial court has awarded monthly maintenance at the rate Rs. 3,000/- per month to the respondent from the date of impugned order i.e. 22.10.2013. Upon challenge raised in this appeal, on 5.12.2013, the appeal was entertained and interim order was passed providing for payment of interim maintenance at the rate Rs. 1,000/- per month .
The court found that .there was no evidence to accept the contention of the respondent that the appellant had misappropriated the amount Rs. 80,000 The claim made by the respondent in that regard was pressed only on the strength of oral evidence. No documentary evidence was filed by either party, in that regard.
The trial court also disbelieved that Submission of learned counsel for the appellant that the respondent was remarried to Jandail Singh or she was living in relationship with him or she was gainfully employed as 'Cook' at K.P.M. Vidyalaya, Kheragarh Rathore Jaitpur Kalan, District Agra.
The court also said that claim maintenance from her father-in-law, in entirety. It is not a mandatory condition of law that for a daughter-in-law to claim maintenance, she must first agree to live at her matrimonial home.
Further , The court allowed the amount of maintenance awarded is reduced to Rs. 1,000/- per month as provided by interim order dated 5.12.2013.
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WRITTEN BY: PRATIKSHA SWAIN
GUIDED BY: ADVOCATE ANIK
