Minor can claim maintenance from both father and mother
On a careful consideration of the different Decisions I find that the sum total of each Decision is the same. As pointed out by this Court in KANIKI SUBRAYA GOWDA's case, the obligation of father or mother of unmarried daughters or minor son to maintain them is not joint but several. If they are not maintained adequately by either of them, they can certainly make good the deficit by seeking maintenance from the other. The question of double maintenance does not arise in such a situation. Further if the minors* sue either of the parents for maintenance it is not open to either of them to contend that they cannot sue him or her seeking maintenance since they were maintained by the other till then. That is so because, the liability of each of the parents to maintain their unmarried daughters or minor sons is not joint but several as pointed out in KANIKI SUBRAYA GOWDA's case.
Karnataka High Court
Gurupadayya vs Ashalata on 19 October, 1993
Equivalent citations: I (1994) DMC 62, ILR 1994 KAR 259, 1993 (4) KarLJ 372
