Regarding maintenance
prasad
(Querist) 27 July 2012
This query is : Resolved
mother and on behalf of her minor daughter filed a petition u/s 125 crpc for maintenance. petitiion was dismissed against the mother but awarded to the minor daughter still her attaining majority.
and the father of the minor is paying the maintenance regularly. meanwhile during her minority the minor daughter was married to a major boy who is gainfully employed and he has ample means to maintain his minor wife.
at this stage does the father has any obligation to maintain the minor daughter as her husband has ample means. as it is a changed circumstance can the father file a petition u/s 127 for cancellatiion of maintenance to the minor married daughter.
if yes i need citations. please send citations. everybody is giving explanatio, but not citations, i require citation. any prompt help
prabhakar singh
(Expert) 27 July 2012
repeated query.
citations may be searched by those who are confused on india kanoon. at least i can not afford such time for a clear cut legal position.for a married daughter only her husband is liable for maintenance not her father.
A marriage performed in contravention of s.5(iii)is not void and can not be declared nullity by decree by any party to the marriage.Such a decree is available only when it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
