Mother can not claim maintenance for major girl child
Ajay Kumar Reddy
(Querist) 28 August 2019
This query is : Resolved
Respected Experts,
I am having one major girl child, her age at this time is 20yr.Family court has award maintenance. Her mother is appealed to Bilaspur High Court for enhancing the maintenace. My question is following:- 1. My daushter is major child, then without her sign her mother can apply revision for my daughter maintenance? 2. If she (My Ex. Wife) can not apply maintenance then please proved me judgement on this matter. 3, Weather major girl is entitle for maintenace on 125CRPC or 127 CRPC? 4. If no then please provide me judgement. Experts with humble request i neeed judgement on point number - 2, it is very much important for me. Thanking you, Ajay Kumar Reddy
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Isaac Gabriel
(Expert) 28 August 2019
Unless ordered by court, its order subsists eventhough the girl child attains majority.
SAINATH DEVALLA
(Expert) 29 August 2019
A daughter whether major or minor is entitled for maintenance from father till she is married.
Go through a recent Mumbai high Court judgment.
SAINATH DEVALLA
(Expert) 29 August 2019
A daughter whether major or minor is entitled for maintenance from father till she is married.
Go through a recent Mumbai high Court judgment.
Dr J C Vashista
(Expert) 29 August 2019
I endorse expert advise of Mr. Sainath Devalla, a daughter whether minor or major is entitled for maintenance from her father.
However, at the age of 20 years her mother can not claim maintenance on behalf of daughter.
It is advisable to consult a local prudent lawyer for proper analyses and guidance.
Ajay Kumar Reddy
(Querist) 30 August 2019
All Expert Sir,
Thank you for giving me help. Shri J.C.Vashista and all experts, can u give me the judgement on "mother can not claim on behalf of daughter".
If u can provide me it will be great help to me.
Ajay Kumar Reddy
Guest
(Expert) 30 August 2019
Mother also could make a Claim for a major daughter depending on her health /mental health conditions
M V Gupta
(Expert) 31 August 2019
@Ajay Kumar Reddy. The answers for the queries posed by you in your original posting are as under :
1.The Bombay High court in its judgement in Agnes Lily Irudaya VS Irudaya Kani Arasan reported in 2018 SCC on line page 617 held that mother can file application for maintenance for her her unmarried major daughter. It rejected the technical plea raised by her father that as the daughter is major the application should have been filed by the daughter and not the mother.
2.In view of the judgement cited above this question does not arise.
3. The Supreme Court in its judgement in Jagdish Jugtawat VS Manjulata reported in 2002. 5 SCC 422 held -- reading Section 125 Cr PC and Section 20(3) of Hindu Adoptions and Maintenance Act, father is liable to maintain his unmarried daughter even after her attaining majority till she is married.
4. In view of the reply to ur question 3 above this does not arise.
In view of the foregoing judgments all views expressed to the contrary above may not hold good.
