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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Tularam Yadav, S/o. Late Shri Sadh Ram Yadav – Appellant
Versus
Chanda Yadav, W/o. Late Shri Govind Prasad Yadav – Respondent
| Table of Content |
|---|
| 1. court's appraisal of evidence and findings regarding maintenance. (Para 10 , 11 , 12) |
| 2. final ruling on the appeal. (Para 13) |
JUDGMENT :
Rajani Dubey, J.
Challenge in this appeal is to the legality and validity of the order dated 6.12.2022 passed by Family Court, Korba in Civil Suit No.115A/2019 whereby partly allowing the application under Section 19 of the Hindu Adoption and Maintenance Act, 1956 (in short “the Act of 1956”), the learned Family Court directed the appellant/defendant to pay a sum of Rs.2500/- per month as maintenance to the respondents/plaintiffs.
02. Facts, in brief, of the case are that respondent No.1 Smt. Chanda Yadav was married to Govind Prasad Yadav in the year 2006 as per Hindu rites and rituals and from their wedlock, respondents No. 2 & 3 were born. However, in the year 2014 Govind Prasad Yadav died in a motor vehicular accident. Since after his death, the appellant and other family members started ill-treating the respondents/plaintiffs, she started living separately in a rented house with her children. She filed an application u/s 19 of the Act of 1956 and claimed a sum of Rs.20,000/- pm maintenance from the respondent as he is working a
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.
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....
A daughter who has attained majority is not entitled to maintenance under Section 125 Cr.P.C. unless she is unable to maintain herself due to physical or mental abnormality.
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.
Failure to prove conversion to Bouddha religion precluded the respondent no.1 from claiming maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956, but the minor daughter was he....
A divorced wife cannot claim maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956; her claim should be made under Section 25 of the Hindu Marriage Act, 1955.
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 father has a statutory obligation under Hindu law to maintain his unmarried daughter and cover reasonable marriage expenses, enforceable even after the daughter reaches majority.
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