2025:CGHC:18288-DB Reserved on 28.02.2025 Pronounced on 23.04.2025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 179 of 2023 Smt. Neelu W/o. Late Omkar, Aged About 28 Years, R/o. Quarter No. 05/05 B Type, C.H. M Colony, Amakherwa, Manendragarh, Thana And Tashil Manendragarh, District Manendragarh Chirmiri Bharatpupr Chhattisgarh.

... Appellant versus Smt. Urmila Devi W/o. Late Bhagwan Das, Aged About 68 Years By Caste Kushwaha, R/o. Ward No. 11, Welfare Colony, Khongapani, Thana Jhagrakhand, Tahsil Manendragarh District Manendragarh Chirmiri Bharatpur Chhattisgarh.

... Respondent(s)

For Appellant : Mr. Parag Kotecha, Advocate For Respondent(s) : Ms. Priyanka Mehta, Advocate DB: Hon’ble Smt Justice Rajani Dubey Hon’ble Shri Justice Sachin Singh Rajput

C A V Judgment

Per Sachin Singh Rajput, J

1. Parties herein shall be referred to as the appellant/ daughter-in-law and respondent/

mother-in-law.

2. The instant appeal under Section 19 (1) of the Family Court Act, 1984 has been filed by the appellant/daughter-in-law being aggrieved by the impugned judgment and decree dated 09.05.2023 (Annexure A/1) passed by Judge, Family Court, Manendragarh, District- Koriya Now District Manendragarh Chirmiri Bharatpur (C.G.) in Civil Suit No. 144-A/2022 whereby the application under Section 22 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the “Act of

1956”) filed by the respondent/mother-in-law was allowed.

3. The admitted facts of the case are that husband of respondent/ mother-in-law Bhagwan Das died in the year 2000 who was an employee in SECL Hasdeo Area. After his death, her elder son Omkar got compassionate appointment in place of his father and he too is dead as of now. After the death of Omkar, the appellant/daughter- in-law got compassionate appointment who is currently working as a general laborer in Central Hospital, Manendragarh. Facts of the case are that after the death of husband of respondent/ mother-in-law, she was living under the care of her elder son Omkar and after his death, his wife i.e. the appellant/daughter-in-law was given compassionate appointment by the colliery management. Before receiving the compassionate appointment, the appellant/ daughter-in-law had sworn an affidavit on 10.06.2020 giving the family details mentioning the respondent/mother-in-law as the second dependent and declared that she will maintain her if she got compassionate appointment. However, after getting compassionate appointment, she started living with her parents by abandoning the respondent/mother-in-law. As her financial condition because of act of appellant/daughter-in-law living with her parents, the financial condition of the respondent/mother-in-law worsened, which made her file a complaint before Personnel Department, Hasdev Area, demanding maintenance of Rs.10,000/- per month from the appellant/daughter-in-law. Being personally present at the time of hearing of the complaint, she was not inclined to give the maintenance amount as sought for by the respondent/mother-in-law. Thereafter the respondent/ mother-in-law filed an application before the Family Court, Manendragarh with a plea that she being an old woman and unable to perform any work and even unable to move, maintenance of Rs.20,000/- was requested for out of the salary of the appellant/daughter-in-law amounting to Rs.50,000/-. This apart, an amount of Rs.50,000/- was also prayed for towards litigation expenses.

4. Appellant/ daughter-in-law however has denied all the averments except the admitted ones. She has stated that the respondent/mother-in-law is being maintained by her another son Umesh Kushwaha who earns Rs.50,000/- per month by performing online job. The respondent/ mother-in-law is also stated to earn Rs.3000/- as pension apart from an annual income of Rs.1,00,000/- from agriculture. The husband of the appellant/daughter-in-law is stated to have taken a loan for purchasing the agriculture land and the remaining one amounting to Rs.3,00,0