Megh Prasad v. Bhagwantin Bai - 2010 Supreme(Online)(Chh) 83

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2010 Supreme(Online)(Chh) 83

CHHATTISGARH HIGH COURT
A. K. Choudhary, J
Megh Prasad v. Bhagwantin Bai

Advocates:
For the Appellants/Petitioners: Mr. Malay Kumar Bhaduri
For the Respondents: Mr. H.B. Agrawal

Table of Content
1. the legality of maintenance claims under hindu adoption laws. (Para 1 , 2)
2. analysis of relevant statutory provisions regarding marriage and maintenance. (Para 3 , 6 , 7)
3. arguments regarding the legitimacy of marriage between the parties. (Para 4 , 5)
4. clarification of legal standing on maintenance eligibility. (Para 8)
5. conclusion on the dismissal of maintenance claims. (Para 10)

1.By this appeal the appellant has challenged legality and propriety of the order and decree dated 28-7-2004 passed by the Additional District Judge, Janjgir in Misc. Case No. 17/2001, whereby learned Additional District Judge has awarded maintenance of Rs.1,000/- per month to the respondent under S.18 of the Hindu Adoption and Maintenance Act , 1956 (for short 'the Act, 1956').

2. The order is challenged on the ground that the respondent who is second wife of the appellant is not entitled for maintenance under the provisions of the Act, 1956 and the Court below has committed illegality by awarding maintenance to her.

3. I have heard learned counsel for the parties and perused the order and decree impugned as also the record of the Court below.

4. Mr. Malay Kumar Bhaduri, learned coun