ORDER

The applicants in IA No.IV in RA. 101/2013 on the file of learned Additional District Judge Udupi (Sitting at Kundapura) are impugning the order dated 02.08.2016 dismissing the application under order 1 Rule 10 R/w Section 151 of CPC. 2. Heard Sri. Rajesh B.L., learned counsel for the petitioners and Sri. Krishnamoorthy.D., learned counsel for the respondent.

3. Learned counsel for the petitioners submits that petitioners were the applicants. They being the legal representatives of deceased plaintiff in OS.No.15/2009 before the learned Senior Civil Judge at Kundapura (hereinafter referred to as the Trial Court) seeking maintenance from respondent who is the divorced husband. The suit OS.No.15/2019 was came to be decreed ordering maintenance of Rs.3,000/- to be paid by the defendant/husband to the plaintiff/wife from 12.03.2006 till her life time. The said judgment and decree passed by the Trial Court is impugned in RA.No.101/2013. During pendencey of the appeal, the plaintiff/wife died. The petitioners herein being applicants filed IA No.IV under Order 1 Rule 10 of CPC seeking to implead themselves in the appeal as respondents. The said application was came to be dismissed by the First Appellate Court, which is impugned here.

4. On perusal of material on record, it is clear that the Trial Court awarded maintenance of Rs.3,000/- per month to be paid by the husband to the wife at the rate of Rs.3,000/- per month from the date 12.03.2006 till her death. The appeal RA.No.101/2013 was pending for consideration as the judgment and decree passed by the Trial Court is impugned by the defendant/husband. Now the question arises as to whether the petitioners being the brother and sister of deceased plaintiff are entitled to be impleaded and come on record as respondents in the appeal.

5. Section 14 of Hindu Succession Act, 1956 refers to the property of female Hindu as it is her absolute property. The explanation appended to the Section describes "property" of a female Hindu as her absolute property. The explanation appended to Section. 14 reads a under -

"Explanation: In this sub-section, "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act".

6. Therefore, the amount which is due or accrued in favour of the plaintiff as arrears of maintenance, by virtue of impugned judgment and decree passed in OS.No.15/2009 is to be considered as property of the plaintiff upon her death. 7. The maintenance which was accrued and payable to her devolves on her heirs as per Section 15 of the Hindu Succession Act which deals with general rule of succession in the case of female Hindus. Since, the defendant/respondent being the divorced husband, he is not entitled to succeed her. Admittedly, the couple were not having any issues. It is also admitted that the deceased plaintiff was not having her parents alive. Therefore, it is the contention of the petitioners that they being the heirs of father of plaintiff are entitled to claim the arrears of maintenance that is accrued till her death, is to be accepted as provided under Section 15(1)(d) of the Hindu Succession Act.

8. The finding of the First Appellate Court that claim of maintenance is a personal right provided by the statute, for which, the applicants/petitioners herein are not entitled cannot be accepted. Hence, I proceed to pass the following.

ORDER

i. Writ petition is allowed.

ii. Impugned order dated 02.08.2016 passed in RA.No.101/2013 on the file of learned Additional District Judge, Udupi (Sitting at Kundapura) dismissing IA No.4 is set aside.

iii. Consequently, IA No.4 filed under orde