JANKI PRASAD Vs. SAPNA RANI KASHYAP AND ORS.

JUDGEMENT

(1.) Prayer in the instant petition is to set aside the order dated 7.12.2018 regarding paper no 28 Ga passed by Family Judge/Family Court/Addl Sessions Judge/FTC-3 Moradabad and the order/judgment dated 1.1.2019 in case No 619 of 2017 (Old No 18 of 2017) Smt. Sapna Rani and others vs. Sri Janki Prasad) passed by Family Judge/Family Court/Addl Sessions Judge/FTC-3 Moradabad.

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(3.) The learned counsel for the petitioner submits that marriage between her deceased son and respondent no 1 was voidable on the ground of being solemnized between Sapinda relationship. There is no ancestral property and entire the property is the self acquired property of the petitioner. The learned court below has not appreciated that due to illness of his wife, the petitioner could not attend the court and the learned court has wrongly proceeded exparte. The learned counsel also submits that according to section 19 of the 'Act of 1956', the father-in-law is not liable to maintain her daughter-in-law if her father has means to maintain and support her and in the present case, father of the respondent (daughter-in-law) has sufficient means to maintain her. Lastly it was submitted that the petitioner is an ex-serviceman and retired from Indian Railway and he is an old person and has no other source of income.