High CourtsDivision Bench(2012) 01 JH CK 0026

Tetra Devi vs The State of Jharkhand and Others

Jharkhand High Court · Decided on 11 January 2012

HON’BLE JUDGES
Prakash Tatia, J · P.P. Bhatt, J
CASE NUMBER
L.P.A. No. 41 of 2011

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Judgment

4 paragraphs · 302 words
1.

The appellant''s contention is that she is the mother of the respondent-private party, who has been given compassionate appointment and the mother is claiming adequate maintenance from the son on the basis of the Rule which provides that the dependent who has been given appointment on compassionate ground, shall maintain/support the other dependents. It is also submitted that one Title Suit has been field by the wife of the private respondent, which is being contested by the appellant- mother and other family members.

2.

It is submitted by learned counsel for the respondent-private party that he has two more brothers, one is getting salary of Rs. 10,000/- per month and another is in service of Indian Air Force.

3.

Whereas the appellant submitted that it is true that one of the brothers of the respondent-private party is in service of Indian Air Force but another is unemployed. It is also submitted that marriage of daughter of the private respondent is to take place. Therefore, there is family liability. Learned counsel for the respondents submitted that he is paying the amount to the mother through Bank deposit.

4.

In our opinion, the matter requires to be referred to the Lok Adalat, for which, both the parties agreed and a serious effort may be taken to resolve the matter where the harmony is disrupted for no big issue. Therefore, both the parties and both the brothers are directed to appear before the Director, Legal Service Authority, Ranchi on 7th February, 2012. The Director, Legal Service Authority, Ranchi may take help of the mediators in the matter and also, if necessary, of the conciliators and thereafter, if the matter is settled, appropriate decision may be taken otherwise, the matter may be sent back to the Court to be placed before this Court on 13.02.2012.