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.

Judgment :

Rajani Dubey, J.

1. Heard on I.A.No.02/2024, for condonation of delay in filing the appeal.

2. Learned counsel for plaintiffs/respondents strongly objected this application and submits that no sufficient cause has been shown by the defendant/applicant. Hence, the same is liable to be dismissed.

3. As per I.A.No.02/2024, the defendant/appellant was not aware about the passing of judgment dated 29.06.2024 and he got the certified copy of the judgment after long delay and thereafter he filed this appeal. The defendant/appellant resides in rural area and did not have the basic minimum qualification and his local counsel did not make him aware about the judgment in the case. So he filed this appeal after 443 days. The application is supported by the affidavit of defendant/appellant.

4. Thus, looking to the facts and circumstances of the case and for the reasons assigned in the application, the same is allowed. Delay of 443 days in filing the appeal stands condoned.

5. Heard on admission.

6. The present appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the appellant/defendant against the judgment and decree dated 25.02.2023 passed by the Judge, Family Court, Baloda Bazar (C.G.), in M.J.C. Case No.03/2022 whereby, the application preferred by the plaintiffs/respondents filed under Section 19(1) of the Hindu Adoption and maintenance Act was partly allowed. The parties to this appeal shall be referred herein as per their description before the Family Court.

7. Briefly stated fact of the case are that the marriage of plaintiff No. 01 - Ranu Sahu was solemnized with Reshamlal Sahu, son of defendant Hemu Sahu, in the year 2008 in village Baloudi according to social customs, which was recognized by the Sahu community and both started living a happy married life as husband and wife & out of their wedlock, 02 girls namely Preeti Sahu, Jaya Sahu and 01 boy namely Naveen Sahu were born, who are currently under the protection of the plaintiff. It was pleaded in the plaint that after marriage, the relationship between the plaintiff No. 1 and her in-laws remained cordial for approximately 10 years. Thereafter, Reshamlal, husband of the plaintiff No.1, under the influence of his father, started harassing the plaintiff No.1 physically and mentally. The Plaintiff No. 1 tolerated the physical and mental torture inflicted by her husband with the hope that sooner or later his temperament would change and their married life would be happy. However, there was no change in Reshamlal Sahu's behavior, and from time to time, he used to assault the plaintiff No.1. It was further pleaded in the plaint that defendant and plaintiff No1’s mother-in-law, Teejan Bai Sahu, being very cruel and harsh in nature, did not show affection to the plaintiff and her their grandson and grand- daughter. Thus, the plaintiff No.1 continued to tolerate the behaviour of the defendant. After some time, plaintiff No. 01 went to her maternal village Baloudi with her minor children. On the same day, Reshamlal Sahu, husband of plaintiff No. 01, had gone to meet his minor children and plaintiff No. 01 but could not meet them and went back to his home and after some time, due to dispute with his parents, Reshamlal Sahu lost his patience and committed suicide by pouring kerosene on him on 12-06-2018. After receiving the information about Reshamlal’s suicide, plaintiff No. 01 went to her in-laws' house with children and participated in last ritual of her husband and started living with her in-laws in their house. It was also pleaded in the plaint that during her stay in her in-laws’ house, the defendant started misbehaving