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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 :
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.
03. The respondent/defendant in his written statement denied all the adverse averments and stated that respondent/plaintiff No.1 herself left the matrimonial home; respondent No.2 Kaveri is living with him; respondent No.1 is working in a mall and getting Rs.15,000/- pm and also getting ration under the government schemes. Though the respondent tried to bring them back but she remained adamant. The appellant never made any allegation on her character, rather he advised her for remarriage but she refused. Earlier she filed an application under Protection of Women from Domestic Violence Act, 2005 before JMFC, Korba for inte
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.
A widowed daughter-in-law can claim maintenance from coparcenary property held by her father-in-law under S.19 of the Hindu Adoptions and Maintenance Act, 1956.
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.
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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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