Father-in-law is liable to maintain widowed daughter-in-law to the extent of share of her late husband in coparcenary property

1. This appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the appellant, father-in-law of respondent No. 1 and grand-father of respondents 2 and 3. The trial Court has granted a decree of maintenance in favour of the respondents directing the appellant to pay maintenance amount of Rs. 2000/- per month to the daughter-in-law and Rs. 1000/- each to two granddaughters who are respondents 2 and 3 herein.

2. Facts of the case briefly stated are that, respondent No.1 Premlata Sahu was married with appellant’s son Bhupesh on 04-05-2001 at village Loharsi. Respondent No. 2 Dawali and respondent No. 3 Garima are the children out of the wedlock. Bhupesh met untimely death on 27-05-2011. After death ceremony and other rituals were over, both the parties went to the house of the appellant at village Dipka. At this place, the appellant used to misbehave with respondent No. 1 on the allegation that she practices witchcraft. On 18-06-2012, the appellant expelled respondent No. 1 from the house on which she went back to her parental house.

3. Respondent No. 1 has averred in the said application for grant of maintenance that the appellant earns Rs. 40,000/- per month as salary and has agricultural land at village Loharsi from which he earns Rs. 30,000/- per year, whereas, she has no source of income, therefore, the appellant be directed to pay maintenance of Rs. 3,000/- per month to each of the applicants/respondents.

4. It was the stand of the appellant before the Family Court that in order to give shelter and maintenance to the respondents he had brought the respondents to his house at Dipka where they were living comfortably, however, respondent No. 1 left the house of the appellant, therefore, he is not liable to provide any maintenance amount to the respondents. It was pleaded that respondent No.1 has ancestral land, therefore, it is not a case where she cannot claim maintenance from her father. Therefore, the application is not maintainable.

5. In course of trial before the Family Court, respondent No.1 examined herself as AW-1, Radheshyam Patel (AW-2), her father Biharilal (AW-3) and Pramod Kumar (AW-4). The appellant examined Tosram as NAW-1, Mithailal (himself) as NAW-2, Baldau Prasad (NAW-3) and Shyamcharan (NAW-4).

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