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2018 DIGILAW 1307 (HP)

Darshana Devi v. Ramesh Chand Jaswal

2018-07-13

DHARAM CHAND CHAUDHARY

body2018
JUDGMENT : Dharam Chand Chaudhary, J. (Oral) This petition is directed against the order dated 1.6.2015 passed by learned District Judge, Kangra at Dharamshala in Execution No.38-D/X/2012, whereby on the death of Shri Ramesh Chand, the deceased respondent, learned Court below has concluded that the petitioner-wife is not entitled to claim alimony. The petition as such has been dismissed being not maintainable. 2. The High Court of Punjab and Haryana in Gurdev Kaur and others Vs. Channo, AIR 1986 SC 251, in a similar case, has held as under: “6. The death of the husband against whom an order for payment of alimony has been made does not mean that the widow is left without remedy. Relief is indeed available to her but not under the Hindu Marriage Act, 1956. It is the provisions of the Hindu Adoptions and Maintenance, 1956, that then come into play. The widow being one of the dependants, as defined under S.21 thereof, would be entitled to the benefit of the obligation imposed upon the heirs of the deceased-husband under S. 22 of the said Act to maintain her out of the estate of the deceased inherited by them.” 3. On the previous date, after taking note of the judgment supra, on the request made by learned counsel for the petitioner, the matter was adjourned enabling him to obtain instructions in view of the law laid down in the judgment supra. Learned counsel seeks permission to withdraw this petition with liberty reserve to resort to the remedy available to the petitioner in accordance with law including under the provisions of Hindu Adoption and Maintenance Act, 1956. The leave and liberty, as sought, is granted. 4. This petition is accordingly disposed of, so also the pending application (s), if any.