When elder son’s wife dies, younger son’s wife leaves house & gets moolah!!

When elder son’s wife dies, younger son’s wife leaves house & gets moolah!!

Gist:

1. Two sisters were married in the same family to two brothers respectively

2. The younger sister was married to younger brother

3. That younger sister died and her husband has sentenced for 10 years imprisonment by Trial Court

4. Now elder SISTER / daughter in law leaves home and seeks + gets moolah (maintenance)

5. 1500 p.m. with MANY YEARS ARREARS!

6. God know what happens to husbands hit with such a huge arrears!

*****************************disclaimer**********************************

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE

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Rajasthan High Court

Kamlesh (Smt.) vs Sitaram on 22 July, 2004

Equivalent citations: I (2005) DMC 267, RLW 2004 (4) Raj 2744, 2004 (4) WLC 130

Author: A Parihar

Bench: A Parihar

JUDGMENT Ashok Parihar, J.

1. An application under Section 125 Cr.P.C. was filed by the petitioner before the Trial Court. While allowing the maintenance to the daughter, the Trial Court dismissed the application of the petitioner vide order dated 18.09.1998, mainly on the ground that the petitioner wife is able to maintain herself and further she has been deliberately and intentionally not living with the respondent husband. A further revision filed before the revisional court by the petitioner waft also dismissed vide order dated 12.05.1999. Hence the present petition challenging both the above orders impugned, denying maintenance to the petitioner wife. http://evinayak.tumblr.com https://vinayak.wordpress.com http://fromvinayak.blogspot.com

2. As has come on record, two real sisters were married in the same family to two brothers respectively. The younger sister of the petitioner, who was married to younger brother of respondent husband, died and on a charge sheet been filed against the husband of the younger sister of the petitioner and brother of the respondent husband after conviction has also been sentenced accordingly for 10 years imprisonment by the Trial Court. The trial against other in laws in the same incident is alleged to still pending before the Trial Court. Under such conditions, there was no option for the petitioners to leave the house of her in-laws with her minor daughter. There is also no proof that the petitioner is able to maintain herself. The word ‘maintain’ used under Section 125 Cr.P.C, has to be taken in the broader sense, in so much as, that the petitioner should be able to maintain herself decently to live a comfortable life, not necessary a luxurious life.

3. After having considered entire facts and circumstances, looking to the nature of allegations made, in my opinion, the maintenance cannot be denied to the petitioner wife on such flimsy grounds.

4. Accordingly, the petition is allowed. Both the orders impugned, referred above, passed by the courts below, so far as denying maintenance to the petitioner wife, are quashed and set aside. The petitioner wife is held entitled to get maintenance of Rs. 500/- per month from the date of order of the Trial Court i.e. 18.09.1998 and Rs. 1500/-per month w.e.f. 24.09.2001, the date when necessary amendments were made in the statute in regard to the amount of the maintenance. The monthly payment, as ordered above, be paid on or before 15th of each month and arrears be paid within three months from today. The petitioner is also allowed a cost of Rs. 2000/- which may be paid by the respondent husband along with the arrears as ordered above. http://evinayak.tumblr.com https://vinayak.wordpress.com http://fromvinayak.blogspot.com

5. A copy of this order may be sent to the Trial Court as also respondent. Record be sent back.

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

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