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2024 Supreme(Chh) 603

RAJANI DUBEY, SANJAY KUMAR JAISWAL
Janakram Sahu S/o Kartikram Sahu – Appellant
Versus
Manisha Sahu Wd/o Late Amit Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Pawan Kesharwani, Aditi Diwan.
For the Respondent: A.D. Kuldeep.

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

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