SILAK RAM v. ANJU AND ANR
Court: High Court of Punjab and Haryana
Bench: MR. JUSTICE GURVINDER SINGH GILL,MR. JUSTICE DEEPINDER SINGH NALWA
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-08-18. SILAK RAM v. ANJU AND ANR. Read the judgment and case details on LawSphereX.
Judgment text
( 1 ) IN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHCHANDIGARH FAO-1196--2019 (O&M) Date of Decision:Date of Decision: 18. 08. 2025 Silak Ram …Appellant Versus Anju & anotherAnju & another ... Respondents CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILLHON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE DEEPINDER SINGH NALWADEEPINDER SINGH NALWA Present: Mr. Anil Ghanghas, Advocate,Anil Ghanghas, Advocate, for the appellant. Respondents proceeded against ex parteRespondents proceeded against ex parte vide order dated 23. 03. 2023. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J. 1. Appellant –– Silak Ram assails judgment and decree datedassails judgment and decree dated 04. 02. 2017 vide 04. 02.
2017 vide which a petition under Sectionswhich a petition under Sections 19, 20, 21 & 22 of the Hindu Adoptions and19, 20, 21 & 22 of the Hindu Adoptions and19, 20, 21 & 22 of the Hindu Adoptions and Maintenance ActMaintenance Act filed by the respondents i. e. filed by the respondents i. e. his widowed daughter-in-lawlaw and his minorminor grand-son, has been accepted andson, has been accepted and a monthly maintenance at the maintenance at the rate of Rs. 2500/rate of Rs. 2500/- has been ordered to be paid to respondent No. 1has been ordered to be paid to respondent No. 1 – Anju Anju (widowed daughter(widowed daughter-in-law) and at the rate of Rs. 2000/and at the rate of Rs. 2000/- to respondent No. 2 to respondent No. 2 – Arun (minor grand(minor grand-son). 2. A few facts necessA few facts necessary to notice are that respondent No. 1ary to notice are that respondent No. 1 – Anju, widow of Anju, widow of Vijaypal andVijaypal and her minor son Arun (respondent No. 2respondent No.
2) filed a petition under filed a petition under Sections 19, 20, 21 & 22 of the Hindu Adoptions and Maintenance Act19, 20, 21 & 22 of the Hindu Adoptions and Maintenance Act19, 20, 21 & 22 of the Hindu Adoptions and Maintenance Act19, 20, 21 & 22 of the Hindu Adoptions and Maintenance Act seekingseeking maintenance maintenance fromfrom the the appellant/respondent appellant/respondent ( (father-in-lawlaw of of ( 2 ) respondent No. 1respondent No. 1), wherein it has been pleaded by Anju that her husbandit has been pleaded by Anju that her husbandit has been pleaded by Anju that her husband Vijaypal had expired and thatVijaypal had expired and that since her fatherher father-in-law, who was an agriculturistlaw, who was an agriculturist and also into dairy farming, wasand also into dairy farming, was owning moveable and immoveable propertyowning moveable and immoveable propertyowning moveable and immoveable property and having a mohaving a monthly income to the tune of Rs.
15,000/nthly income to the tune of Rs. 15,000/-, he (father-in-law) islaw) is bound to pay maintenance. bound to pay maintenance. 3. In reply, the respondent/In reply, the respondent/appellant herein pleaded that he was a labourer andappellant herein pleaded that he was a labourer andappellant herein pleaded that he was a labourer and did not own any property, whereas his widowed daughterdid not own any property, whereas his widowed daughterdid not own any property, whereas his widowed daughter-in-law was an able able bodied lady abodied lady and knew stitching and could earn her living and as such, he wasnd knew stitching and could earn her living and as such, he wasnd knew stitching and could earn her living and as such, he was not bound to maintain her. not bound to maintain her. 4. The rival pleadings gave rise to the following issuesThe rival pleadings gave rise to the following issuesThe rival pleadings gave rise to the following issues as framed on 06. 10. 2016: 06. 10.
2016: “1) Whether the petitioners are entitled for maintenance amount on theentitled for maintenance amount on theentitled for maintenance amount on the grounds mentioned in the petition? OPPmentioned in the petition? OPP 2) Whether the petition of the petitioners is not maintainable? OPRWhether the petition of the petitioners is not maintainable? OPR 3) Relief. ” 5. Both the parties led oral as well as documentary evidence in support of theirBoth the parties led oral as well as documentary evidence in support of theirBoth the parties led oral as well as documentary evidence in support of theirBoth the parties led oral as well as documentary evidence in support of their case.
Learned Family Court while referring toLearned Family Court while referring toLearned Family Court while referring to the provisions of Hindu Hindu Adoptions andAdoptions and Maintenance Act Maintenance Act pertaining to the rights of a widowedpertaining to the rights of a widowedpertaining to the rights of a widowed daughter-inin-law and while observing that her fatherlaw and while observing that her father-in-law (appellant) waslaw (appellant) was owning 134 kanals of land from which he was earning Rs. 2,50,000/134 kanals of land from which he was earning Rs. 2,50,000/134 kanals of land from which he was earning Rs. 2,50,000/- per per annum, awarded mainannum, awarded maintenance to respondent No. 1 (daughtertenance to respondent No. 1 (daughter-in-law) at the ratelaw) at the rate of Rs. 2500/of Rs. 2500/- per month and to respondent No. 2 (minor grandper month and to respondent No. 2 (minor grand-son) at the rate at the rate of Rs. 2000/of Rs.
2000/- per month vide judgment and decree dated 04. 02. 2017. per month vide judgment and decree dated 04. 02. 2017. The The appellant being aggrieved by the same filed the instaappellant being aggrieved by the same filed the instaappellant being aggrieved by the same filed the instant appeal. 6. During the course of pendency of this appeal, the appellant placed on record aDuring the course of pendency of this appeal, the appellant placed on record aDuring the course of pendency of this appeal, the appellant placed on record aDuring the course of pendency of this appeal, the appellant placed on record a birth certificatebirth certificate in respect of a child namely Atul (Annexure Aof a child namely Atul (Annexure A-2) born to2) born to ( 3 ) respondent No. 1 onrespondent No. 1 on 05. 04. 2018... While taking the said birth certificate on While taking the said birth certificate on While taking the said birth certificate on record, this Court vide order dated 20. 04.
2022 observed that respondent No. 1record, this Court vide order dated 20. 04. 2022 observed that respondent No. 1record, this Court vide order dated 20. 04. 2022 observed that respondent No. 1record, this Court vide order dated 20. 04. 2022 observed that respondent No. 1 had re-married and the said child Atul was from the second marriage. married and the said child Atul was from the second marriage. married and the said child Atul was from the second marriage. Since Since the birth certificate and thebirth certificate and the factum of re-marriage of remarriage of respondent No. 1 was notspondent No. 1 was not disputed, this Court vide aforesaid order dated 20. 04. 2022 observed that, this Court vide aforesaid order dated 20. 04. 2022 observed that, this Court vide aforesaid order dated 20. 04. 2022 observed that, this Court vide aforesaid order dated 20. 04. 2022 observed that respondent No. 1would not be entitled to any maintenance from her ex fatherrespondent No.
1would not be entitled to any maintenance from her ex fatherrespondent No. 1would not be entitled to any maintenance from her ex fatherrespondent No. 1would not be entitled to any maintenance from her ex father-in-law on account of her relaw on account of her re-marriage with Surender. marriage with Surender. 7. In view of the aforestatedIn view of the aforestated position i. e. on account of reposition i. e. on account of re-marriage, respondent respondent No. 1 is certainly not entitled to claim any maintenance from her ex fathercertainly not entitled to claim any maintenance from her ex fathercertainly not entitled to claim any maintenance from her ex father--in-law any longerlaw any longer, the present appeal survives qua the maintenance as awardedsurvives qua the maintenance as awardedsurvives qua the maintenance as awarded to grand-son of the appellant, which is at the rateson of the appellant, which is at the rateson of the appellant, which is at the rate of Rs.
2000/- per month. 8. Learned counsel for the appellant submitted that the appellant was not underLearned counsel for the appellant submitted that the appellant was not underLearned counsel for the appellant submitted that the appellant was not underLearned counsel for the appellant submitted that the appellant was not under any obligation to pay maintenanceany obligation to pay maintenance to respondent No. 2 on account of reto respondent No. 2 on account of reto respondent No. 2 on account of re-marriage of respondent No. 1marriage of respondent No. 1. It has further been submitted that in any caseIt has further been submitted that in any caseIt has further been submitted that in any case the quantum of maintenance, as assessed, is onquantum of maintenance, as assessed, is onquantum of maintenance, as assessed, is on higher side. 9. We have considered the aforesaid submissions. We have considered the aforesaid submissions. We have considered the aforesaid submissions. 10.
Nothing has been shown to this Court so as to hold that respondent No. 2 i. e. Nothing has been shown to this Court so as to hold that respondent No. 2 i. e. Nothing has been shown to this Court so as to hold that respondent No. 2 i. e. Nothing has been shown to this Court so as to hold that respondent No. 2 i. e. the grand-son of the appellantson of the appellant, is not entitled to any maintenanceis not entitled to any maintenance who, in any in any case, is a “dependent” of appellant in terms of Sectionis a “dependent” of appellant in terms of Sectionis a “dependent” of appellant in terms of Section 21(iv) of the Act 21(iv) of the Act. Rather, upon reRather, upon re-marriage of respondent No. 1 and there being no evidence thatmarriage of respondent No. 1 and there being no evidence thatmarriage of respondent No. 1 and there being no evidence that respondent No. 2 had been adopted by the second husband of respondent No. 1,respondent No.
2 had been adopted by the second husband of respondent No. 1,respondent No. 2 had been adopted by the second husband of respondent No. 1,respondent No. 2 had been adopted by the second husband of respondent No. 1, the grand-son (reson (respondent No. 2) would have to depend upon his grandspondent No. 2) would have to depend upon his grand-fatherfather i. e. the appellant. i. e. the appellant. In any case, the quantum of maintenance as awarded by theIn any case, the quantum of maintenance as awarded by theIn any case, the quantum of maintenance as awarded by the ( 4 ) Family Court is also on the meager side and would not justify interference. Family Court is also on the meager side and would not justify interference. Family Court is also on the meager side and would not justify interference. Family Court is also on the meager side and would not justify interference. The appeal, as such, is sans merit and is hereby dismissed. appeal, as such, is sans merit and is hereby dismissed.
appeal, as such, is sans merit and is hereby dismissed. (GURVINDER SINGH GILLGURVINDER SINGH GILL) JUDGE 18. 08. 2025 (DEEPINDER SINGH NALWADEEPINDER SINGH NALWA) Vimal JUDGE Whether speaking/reasoned:Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
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