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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Hemu Sahu @ Munshi, S/o. Late Kartik Sahu – Appellant
Versus
Ranu Sahu, W/o. Late Resham Lal Sahu – Respondent
| Table of Content |
|---|
| 1. condonation of delay in appeal allowed (Para 1 , 4 , 5) |
| 2. defendant's arguments regarding maintenance eligibility (Para 2 , 10) |
| 3. court appreciated evidence and awarded maintenance (Para 9 , 15 , 19) |
| 4. legal status of marriage and maintenance claims (Para 16 , 17 , 18) |
| 5. appeal dismissed and decree upheld (Para 20 , 21) |
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
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.
The right to maintenance under Section 125 CrPC is a personal right that can be claimed by legal heirs after the death of the entitled party, and the obligation to pay maintenance is based on the hus....
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 emphasized that maintenance must be adequate to meet the basic needs of the wife, reinforcing the husband's obligation to provide financial support.
(1) Compelling a married women to live in her parental home, is also a cruelty.(2) Wife is entitled to enjoy same status which she would have enjoyed in her matrimonial house. Wife cannot be compelle....
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
The husband has a social, moral, and legal duty to maintain his wife and children, and maintenance should be sufficient to enable them to lead a life with dignity and decorum.
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