F.C.A. 42-2015 ..odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

FAMILY COURT APPEAL NO. 42 OF 2015

1)

Smt. Laxmi wd/o Parag Thaware,

(Laxmi d/o Ramesh Dekate)

Aged about 45 years,

Occupation - Nil.

2)

Ku. Pallavi d/o Parag Thaware,

Aged about 22 years,

Occupation - Student,

3)

Manthan s/o Parag Thaware,

Aged about 17 years,

4)

Mayur s/o Parag Thaware,

Aged about 17 years,

Occupation - Student,

(Appellant Nos.3 and 4 being minor

through their Mother Natural Guardian

Smt. Laxmi wd/o Parag Thaware)

All R/o C/o Smt. Shantabai Kawduji

Mendhe, Plot No.94, Lane No.3,

Vishwakarma Nagar, Nagpur

…. APPELLANTS

// VERSUS //

Shri Santosh s/o Rajaram Thaware,

Aged about 74 years,

Occupation – Nil,

R/o 414, Hanuman Nagar, Behind

Pragati Hall, Nagpur

…. RESPONDENT

----------------------------------------------------------------------------------------------

Shri S.P. Kshirsagar, Advocate for appellants.

None for respondent though served

CORAM : A.S. CHANDURKAR AND N.B. SURYAWANSHI, JJ.

RESERVED ON : 25/01/2021

PRONOUNCED ON : 23/02/2021

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ORAL JUDGMENT: [PER: N.B. SURYAWANSHI, J.]

1.

This appeal is filed by the appellants under Section 19

and 22 of the of the Family Courts Act, 1984, challenging the

judgment of the Family Court, Nagpur in Petition No. C-25/2012, by

which the petition filed by the appellants against the respondent for

maintenance was dismissed.

2.

Facts leading to this appeal bereft of unnecessary details

are as follows:

The appellant No.1 is the daughter in law and appellant

Nos. 2 to 4 are the grand children of the respondent. They filed

petition under Sections 19 and 22 of the Hindu Adoptions and

Maintenance Act, 1956 (for short Act of 1956), claiming

maintenance from the respondent contending that the marriage of

the first appellant with son of the respondent namely Parag was

solemnized on 14/08/1989 under the Special Marriage Act, 1954.

From the said wedlock the appellant Nos.2, 3 and 4 were born. The

marriage of the first appellant with Parag was against the wishes of

their family members. Cases and counter cases were filed by the first

appellant and the respondent against each others. Parag-husband of

the first appellant expired on 19/01/2000, leaving behind the

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appellants. After his death nobody was taking care of the appellants.

After the death of Parag though the first appellant tried to reconcile

with the respondent he refused to accept her as a daughter-in-law

and the appellant Nos. 2 to 4 as his grand children. It was claimed

that the respondent had sufficient financial resources however, he

had neglected and refused to maintain the appellants. The

appellants were constrained to go to the widowed mother of the

first appellant, who was then serving as Nurse with Nagpur

Municipal Corporation. She maintained the appellants in her meager

income till she expired on 03/02/2007. The appellants claimed that

they had no source of income and they were unable to maintain

themselves. The first appellant being widowed daughter-in-law,

second appellant being unmarried granddaughter and third and

fourth appellants being minor grandsons of the respondent were

entitled for maintenance from him. The details of proceedings

pending between first appellant and the respondent were also given

in the petition. It was further averred that the second appellant

could not pursue her studies after 12^th standard due to paucity of

funds. The third and fourth appellants were studying in 8^th standard

at that time, in Bishop Cotton School, Sadar, Nagpur till 2010 and

were not able to appear for exam as they could not pay exam fees

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and school fees. It was further averred that the appellants were

living in a rented premises and were unable to pay rent at the rate

of Rs.2,500/- per month. They were under a threat of being thrown

out for non-payment of rent. The appellants claimed that the

respondent was alone and was li