RAJANI DUBEY, SANJAY KUMAR JAISWAL
Janakram Sahu S/o Kartikram Sahu – Appellant
Versus
Manisha Sahu Wd/o Late Amit Sahu – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. This appeal is directed against the order dated 28.10.2022 passed by the Family Court, Mahasamund, District-Mahasamund (C.G.) in Civil Suit No. 05/2022 whereby the application for grant of maintenance under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 so far as it relates to respondents No. 1 & 2 the wife and the child of late Amit Sahu has been allowed granting the maintenance of Rs.1,500/- per month to respondent No. 1/wife and Rs.500/- per month to respondent No. 2/child.
2. Before learned trial Court, it is an admitted fact that respondents No. 1 and 2 are wife and child of late Amit Sahu who is son of the appellant. Amit Sahu died on 02.01.2022. During his lifetime, he paid maintenance of Rs.1500/- to his wife/respondent No. 1 herein and Rs. 1000/- to child/respondent No. 2 herein. It is also an admitted fact before the learned trial Court that non-applicant/appellant herein Janakram Sahu got retired from Electricity department as Lineman/ Inspector in the year 2013 and his ancestral land is located in joint account in Village-Jhalkhamhariya/Boriyajhar.
3. Applicants No. 1 & 2/respondents herein filed application under Section 19(1 & 2
A widowed daughter-in-law is entitled to maintenance from her father-in-law under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, provided she proves the unavailability of other income s....
The court affirmed that a widowed daughter-in-law's right to maintenance is prioritized from her husband's estate, conditional on her inability to support herself.
The court emphasized that maintenance must be adequate to meet the basic needs of the wife, reinforcing the husband's obligation to provide financial support.
A maintenance claim for minor children under the Hindu Adoption and Maintenance Act is valid regardless of the mother's legal marital status, provided sufficient evidence is shown.
Dependants of a deceased are entitled to maintenance from the estate, regardless of already receiving a share, as long as the estate includes pension and has not been fully apportioned.
A husband's obligation to provide maintenance under the Hindu Adoptions and Maintenance Act persists even after a compromise regarding property, if he neglects his duty.
The obligation of a grand father to maintain the daughter of his deceased son is contingent upon inheritance of estate, and the court may consider the financial status of the mother in determining en....
The main legal point established in the judgment is the moral and legal obligation of a father-in-law to maintain a widowed daughter-in-law and grandchildren, as highlighted in Sections 19 and 22 of ....
Unmarried daughters are entitled to maintenance from their father even after attaining majority if unable to support themselves, as per Hindu Adoptions and Maintenance Act.
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