Jyotiben Mayursinh Dodiya vs Bharatbhai Virabhai Dodiya
2021 Latest Caselaw 2435 Guj

        C/FA/3454/2019                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 3454 of 2019

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                     JYOTIBEN MAYURSINH DODIYA
                               Versus
                     BHARATBHAI VIRABHAI DODIYA
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Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Appellant(s) No. 1,2,3
MR PRATIK Y JASANI(5325) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                            Date : 16/02/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Yogeshkumar Ratanpara for the appellant­ wife and learned advocate Mr.Pratik Jasani for the respondent.

2. What is brought under challenge in this First Appeal is judgment and order dated 1.11.2018 passed by the Family Court, Rajkot in Family Suit No.259 of 2015 which was proceedings under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, whereby the Family Court has dismissed the suit rejecting prayer of the wife and two daughters for maintenance.

3. The respondent herein happens to be the father­in­law of the applicant, husband having died. Section 19 of the Act reads

C/FA/3454/2019 ORDER

as under, "19. Maintenance of widowed daughter­in­ law.--

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father­in­law: Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance--

(a) from the estate of her husband or her father or mother, or

(b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub­section (1) shall not be enforceable if the father­in­law has not the means to do so from any coparcenary property in his possession out of which the daughter­in­law has not obtained any share, and any such obligation shall cease on the re­ marriage of the daughter­in­law."

4. Learned advocate for the applicant highlighted what is contemplated under Sub­section (2) of the Section 19.

C/FA/3454/2019 ORDER

5. The appeal is required to be admitted. It is admitted.

The Registry shall call for record and proceedings from the Court below so as to reach this Court within eight weeks. Thereafter, it will be open for the either side to get the final hearing of the appeal fixed at an early date.

Learned advocate Mr.Pratik Jasani waives service of notice of admission of the appeal on behalf of the respondent.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi