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1974 Supreme(Ori) 45

K.B.PANDA
Sobha Dei – Appellant
Versus
Bhima – Respondent


Advocates Appeared:
L.K. Das Gupta, J.H. Mitra and S.K. Dutta, for Appellants; P. Mohanty, R.N. Sinha and K.K. Das, for Respondents.

Judgement

JUDGMENT :- Plaintiff-appellant No. 1 is the mother and plaintiff-appellant No. 2 is minor son. Appellant No. 1 had brought a suit claiming past and future maintenance for herself and for her minor son against defendant No. 1 praying the same to be a charge on the property of D.1 which has been dismissed in toto.

2. The admitted facts are that appellant No. 1 is the married wife of Bhima Sahu, defendant-respondent No. 1. Appellant No. 2 is their son born to them on 12-8-1956. Both the parties belong to Cuttack town. Defendants 1, 2 and 3 are the sons of late Jai Sahu who died on 8-10-1960. Defendant No. 4 is the widow of Jai Sahu and defendant No. 5 is alleged to be the second married wife of defendant No. 1.

3. According to the plaint allegation the defendants are members of a Mitakshara joint family and late Jai Sahu was a prosperous business man. Defendant No. 1 is also carrying a business in Station Bazar, Cuttack and earning a profit of about Rs. 1,000/- per month. It is said that defendant No. 1 took to drinking and on her protest began abusing and assaulting plaintiff No. 1 towards the end of December, 1959. The plaintiff was thereafter neglected by defendant No. 1. S









































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