Daughter's right to ask maintainance from father

As you are Major there is no provision for you to claim maintanence through law . since as per law only if a person is  suffereing from any physcial or mental abnormality after she has turned a major than only you could have asked for maintanence . The only recourse  would be to approach your father and see if he is willingly to help you for your education . 

@pujaji,

The law is clear in express terms that a child after attaining the majority cannot claim maintenance from parents.  But I am quite confident that court (Specially High court ) will come to your rescue and give a direction to your father to provide your educational and other expenses (if he is in a position to afford that) till you acquire your professional qualification.  As you said that your father is an High Court advocate, the courts know how to extract the result by using its good offices.  The two grounds that require to be put in your petition are that acceptance of Rs.8.00 lakh lumpsum compensation  was a miscalculation from your mother side to give MCD.  She calculated your daily expenses and the expenses to be incurred to obtain basic academic degree till you attain 18.  Further, she being housewife calculated her daily expenses till her last day. With her medieval mindset she missed the ever changing world and a girl's requirements in 21t century.  In this competitive world, mere basic degree will not put you to get decent job.  So, professional qualification is required to go on in this world and it is the responsibility of the father and mother.  As you did not have any saying when this absurd Rs.8.00 lakhs maintenance was reached for you and your mother, now you ask for revision of that amount.  You will certainly succeed in your efforts and the High Court will help you.

But you have to reach the High court through lower courts.  so engage a good advocate to challenge the Rs.8.00 lakh compensation in lower court.    

Court processes are lenghty and cumbersome so dont expect anything speedy .you can give it a try !! 

there is high court judgment that under section 125 of Cr. P.c. daughter is entitiled for maintennance till she does not marry. for further call 9 8 7 0 4 9 7 8 7 9

Dear Ravi , 

Could you please post the judgement 

Hi Puja, 

Being female you are dependant of your father till your marriage or having good job. You may ask to your father to fulfil your demand of education. If your father refuses you may file application in civil court child maintenance and adoption act. You will succeded.

Hi Puja,

Please see the link

https://punjabrevenue.nic.in/hadoptact(1).htm#Maintenanceofchildrenand

@pujaji,

1.  Section 125 Cr.P.C. petition along with interim relief- interim relief matter will be decided in 2 to 3 dates.  This application lies before Metropolitan Magistrate.  revision lies before Addl. Sessions Judge and Appeal lies before High Court.  I recommend this procedure.

2. Application under Sectin 20(2) of Hindu Adoption and Maintenance Act, 1956.  Application lies before Additional District Judge.

Dear Puja

All my frds stated or right but if you approach court of law you have to pay money intitially and it will also take some time for remedy

And as per guradian act your father is entitled for maintainance and for that first you have to know what is maintainance it encludes food, shelter, clothes and study and that you have done your graduation which itself is covered and now you are trying to study PG. Whether this will include is a question mark and it is mostly depends on the  judge to decide.

so the best advice would be if you are so keen in studying Law you can very well approach a bank and try to get study loan and work hard and succeed in your life rather than spending money in the court and that too your father is also a lawyer who very well nows the noke and corner of law and he will not allow you to succeed.

Moreover the fee for studying law is less and the books will be available in the college lib so the cost incured will be very less

All the best

Puja ,

1. Your mother got 8 L during divorse settlement with the complete custody / responsability of child . She would have secured a part of it as a fixed deposit to secure your future.  When divorce decree is passed , often the amount is decided considering sustainability of wife alongwith security for future of the child which your father has already paid. Ofcouse the part for child's security is not saved by your mother as desired which is causing financial difficulties to you now..

2. Secondly , You have a past of complicated relations in your family . Filing another suite on your father will create further bitterness/ emotional stress and may not bring any good to you .

3. Ethically its not justified to rip off your father again if he is not willing to support you  . You are educated , capable and not handicapped . You can sustain your self  by finding a job  if you want . As a matter of fact in many developed nations like USA , Australia , Canada many high school students work part time and gain financial independence and experience . This helps them to develop the right attitude towards work and be successful in the longer run . While in india people keep on studying till mid 20's to 30's age and often find it difficult to adjust in work enviournment due to lack of practical experience and wrong attitude .

4. Take this as an opportunity to prove yourself  and save the money which you are thinking to waste on hiring lawyers.

5. Try to maintain good and healthy relationship with your mother as well as father ( Give love to expect as willing support)  . Your past was certainly out of your control but try to control your life in a healthy and positive manner . Try to get a loan from any of well wishers ( if you can )  which you can return once you be a CA. Remember its not always your qualification but your attitude towards life which can make you sucessful . Dont be afraid of challanges and create a passive envoiurnment aroung you so that you can grow further.

TC

why dont you ask your mother to trap a new "bakra" and leave him just "second night" and again claim8x2= 16 lakh for settelment under bharat ratna DV/498A etc etc etc.............?