Parents can be compelled to provide funds for daughter's education: Supreme Court
2 months, 1 week ago

Parents can be compelled to provide funds for daughter's education: Supreme Court

Hindustan Times  

The Supreme Court recently observed that daughters have an "indefeasible, legally enforceable and legitimate right" to secure educational expenses from their parents. The Supreme Court further observed that the daughter has a fundamental right to pursue her education for which the parents can be compelled to cough up the funds. All that we observe is that the daughter has a fundamental right to pursue her education, for which the parents could be compelled to provide necessary funds within the limit of their financial resources," said the bench's January 2 order, reported PTI. The Supreme Court said the husband wanted to pay ₹73 lakh to his estranged wife, including ₹43 lakh for his daughter's education.

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History of this topic

Parents can be legally compelled to offer education money to daughter: Top court
2 months, 1 week ago

Parents can be legally compelled to offer education money to daughter: Top court

India Today  

Daughter has an indefeasible, legally enforceable and legitimate right to secure educational expenses from her parents, who can be compelled to provide necessary funds within their means, the Supreme Court recently said. The remarks of a bench comprising Justices Surya Kant and Ujjal Bhuyan came in a matrimonial dispute in which the daughter of the estranged couple, who was studying …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months, 1 week ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court
7 months, 2 weeks ago

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court

Live Law  

The Delhi High Court has ruled that a child is entitled to maintenance under Section 26 of the Hindu Marriage Act, 1955, till the time he is pursuing his education and does not become financially independent.“In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he …

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School
1 year, 3 months ago

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School

Live Law  

In a father’s plea seeking direction to his child’s mother for transfer of the child to a “better” school, the Delhi High Court has observed that welfare of the child is of prime consideration in guardianship cases. The appellant-father had filed the appeal assailing a Family Court order, whereby his application for direction to the respondent to send the child …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 5 months ago

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court

Live Law  

The Telangana High Court has held that a mother cannot legally relinquish the property rights on behalf of her minor children in light of the amendments to the Hindu Succession Act, 2005 which granted daughters equal rights to sons in ancestral property, strengthening their claim to a share in such properties. Justice P. Sree Sudha held that the mother's purported …

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay
1 year, 9 months ago

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay

Live Law  

The Karnataka High Court on Wednesday directed the Police to contact the employer of a woman who failed to handover custody of her minor child to her husband despite a judicial order, and ask the employer to hold back her pay. Court said not handing over custody of the minor child to father by the wife, even after orders are …

Unmarried Daughter Has Right to Reasonable Marriage Expenses from Father Irrespective of Religion: Kerala HC
1 year, 11 months ago

Unmarried Daughter Has Right to Reasonable Marriage Expenses from Father Irrespective of Religion: Kerala HC

News 18  

The Kerala High Court recently ruled an unmarried daughter had the right to receive reasonable expenses from her father for her marriage, irrespective of her religion. The court was dealing with pleas moved by two Christian sisters, who sought realisation of Rs 45,92,600 from their father towards their marriage expenses. Also, in 2011, a division bench of the high court, …

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court
2 years ago

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a person who is able to pay a hefty loan amount can not deflect from his responsibility towards his legally wedded wife as well children.The observation was made by the bench of Justice Jagmohan Bansal while upholding a family court order directing one Sandeep Malik, a Lieutenant Colonel, working with the …

'Daughters Are Not A Liability; Read Article 14': Justice DY Chandrachud
2 years, 7 months ago

'Daughters Are Not A Liability; Read Article 14': Justice DY Chandrachud

Live Law  

Many laws and judgments have been passed time and again, iterating that rights of women. One such remark was made by an advocate yesterday before the Supreme Court A Division Bench comprising of Justice DY Chandrachud and Justice AS Bopanna was hearing a plea seeking maintenance by a daughter, Lathika* from her estranged father, Rao*, after her mother's demise. During …

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents
2 years, 8 months ago

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents

Op India  

On Wednesday, the Kerala High Court said that it was bound by the precedents from the Supreme Court to observe that a Muslim woman cannot be the guardian of her minor child and the property. Though there is no bar in Quran or Hadith on a Muslim woman’s right to be a child’s guardian, the Court said that it was …

Daughter Not Entitled to Father's Money for Education or Marriage If She Doesn't Want Ties: SC
3 years ago

Daughter Not Entitled to Father's Money for Education or Marriage If She Doesn't Want Ties: SC

News 18  

The Supreme Court on Wednesday ruled that a “daughter is not entitled to any amount” from her father for her education or marriage if she “does not want to maintain any relationship” with him. The Bench of Justices Sanjay Kishan Kaul and MM Sundresh observed that in the particular case, the daughter was 20 years old and free to choose …

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC
3 years, 2 months ago

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC

Live Law  

The Delhi High Court has observed that a father cannot abdicate his responsibility of looking after his unmarried daughters and that he has a duty and obligation to maintain them, including taking care of their expenses towards education and marriage.A Bench of Justices Vipin Sanghi and Jasmeet Singh added that 'Kanya Daan' is a solemn and pious obligation of a …

A Daughter Expecting Father To Support Her Education Will Also Have To Play Role As A Daughter: Supreme Court
3 years, 3 months ago

A Daughter Expecting Father To Support Her Education Will Also Have To Play Role As A Daughter: Supreme Court

Live Law  

While hearing a matrimonial dispute, the Supreme Court of India observed that a daughter must understand that if she is expecting the father to support her education, she will also have to play a role as a daughter.A Bench comprising Justice SK Kaul and Justice MM Sundresh made the observations after it was informed that the daughter has refused to …

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court
3 years, 4 months ago

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court

Live Law  

A Delhi Court has recently observed that the statutory obligation to maintain a child is the paramount wish of a father and he cannot be permitted to limit the same on flimsy or baseless Grounds. Special Judge Deepak Wason also observed that while it is the statutory duty of the husband to maintain his wife and minor child, he cannot …

Father can't be absolved of responsibilities to meet son's education expenses after he turns 18: Delhi HC
3 years, 5 months ago

Father can't be absolved of responsibilities to meet son's education expenses after he turns 18: Delhi HC

India Today  

The Delhi High Court has ruled that a father cannot refuse to pay for his son's education merely because he has attained the age of majority. While dismissing a plea by a man seeking to absolve himself from paying for his son's education after the age of 18 years, the high court said the father must carry the financial burden …

Banks Should Not Deny Educational Loan Citing Liabilities Of Student's Parents : Kerala High Court
3 years, 8 months ago

Banks Should Not Deny Educational Loan Citing Liabilities Of Student's Parents : Kerala High Court

Live Law  

The Kerala High Court recently directed the Bank of India to disburse the loan applied for by the petitioner on the ground that she was a meritorious student and that repayment possibilities of educational loans were not to be assessed on the parents' financial position. Justice P.B Suresh Kumar while allowing the petition observed that 'the object of all Educational …

Rights Of Daughters As Coparceners: A Giant Stride Towards Gender Equality - News18
4 years, 5 months ago

Rights Of Daughters As Coparceners: A Giant Stride Towards Gender Equality - News18

News 18  

Gender equality has always been the offshoot of prolonged battles both in legal fora and on the streets. A three judge bench headed by Justice Arun Mishra ruled that the Hindu Succession Act 2005 ensures equal rights of a daughter to be coparcener in her father’s ancestral property from the day of her birth. The discrimination as contained in Section …

Injustice To Daughters In Hindu Shastric Law Done Away With: SC Explains The Impact Of Hindu Succession (Amendment) Act 2005 [Read Judgment]
4 years, 7 months ago

Injustice To Daughters In Hindu Shastric Law Done Away With: SC Explains The Impact Of Hindu Succession (Amendment) Act 2005 [Read Judgment]

Live Law  

In its landmark judgment recognizing the equal rights of daughters in coparcenary property, the Supreme Court has explained the law regarding devolution of coparcenary property and also the impact of 2005 amendment to Hindu Succession Act on daughters' right to it.The bench comprising Justices Arun Mishra, S. Abdul Nazeer and MR Shah, observed that the classic Shastric Hindu law excluded. …

Rights of daughters | Supreme Court ruling a wake-up call to family businesses
4 years, 7 months ago

Rights of daughters | Supreme Court ruling a wake-up call to family businesses

The Hindu  

Family businesses which have not yet recognised the rights of daughters will see an impact from the Supreme Court’s verdict on Tuesday that gives retrospective effect to a 2005 amendment to the Hindu Succession Act of 1956, experts said. The apex court has ruled that daughters will have equal coparcenary rights in a Hindu Undivided Family irrespective of whether the …

‘Daughter for a lifetime’: SC backs women’s share in parental property
4 years, 7 months ago

‘Daughter for a lifetime’: SC backs women’s share in parental property

Hindustan Times  

The Supreme Court on Tuesday held that daughters will have coparcenary rights on father’s property even if he died before the Hindu Succession Act 2005 came into force. Supreme Court of India The bench headed by Justice Arun Mishra was answering a reference based on conflicting decisions given by past verdicts of the top court. In 2016, the Supreme Court …

When Child Is Sent For Higher Education Abroad, Concurrence Of Both Parents, Particularly One Who Is Paying For It Is Necessary: Bombay HC
5 years, 4 months ago

When Child Is Sent For Higher Education Abroad, Concurrence Of Both Parents, Particularly One Who Is Paying For It Is Necessary: Bombay HC

Live Law  

The Bombay High Court recently held that when a child is being sent abroad for higher education abroad, concurrence of both the parents, particularly the one who is paying for it is necessary. Division bench of Justice Akil Kureshi and Justice SJ Kathawalla were hearing an application filed by one Sheetal Bhatija in her appeal against the family court order …

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]
6 years, 2 months ago

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]

Live Law  

While granting interim custody of a ten-year-old girl child to her father, the Karnataka High Court recently observed that it is not the "statutory rights of the parents" but the welfare of the child that needs to be given paramount consideration by courts while considering grant of custody. Justice B. Veerappa observed, "The provisions of Sections 7,9,12, 13, 17 and …

Two Adults Have The Right To Live Together Even If They Are Not Attained The Marriageable Age: SC [Read Judgment]
6 years, 10 months ago

Two Adults Have The Right To Live Together Even If They Are Not Attained The Marriageable Age: SC [Read Judgment]

Live Law  

It would not be out of place to mention that ‘live-in relationship’ is now recognized by the Legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005, the Bench said.The Supreme Court recently, set aside a Kerala High Court order that ‘entrusted custody’ of a major girl to her father, …

Two Adults Have The Right To Live Together Even If They Are Not Attained The Marriageable Age: SC [Read Judgment]
6 years, 10 months ago

Two Adults Have The Right To Live Together Even If They Are Not Attained The Marriageable Age: SC [Read Judgment]

Live Law  

It would not be out of place to mention that ‘live-in relationship’ is now recognized by the Legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005, the Bench said.The Supreme Court recently, set aside a Kerala High Court order that ‘entrusted custody’ of a major girl to her father, …

Hindu Daughter Can Claim Marriage Expenses From Father: Kerala HC [Read Judgment]
7 years, 2 months ago

Hindu Daughter Can Claim Marriage Expenses From Father: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that an unmarried Hindu daughter has the legal right to claim from her father reasonable expenses for marriage. This is based on Section 20 of the Hindu Adoptions and Maintenance Act, 1956, as per which a father has the legal obligation to maintain his unmarried daughter, whether legitimate or illegitimate. A division bench comprising …

Hindu Daughter Can Claim Marriage Expenses From Father: Kerala HC [Read Judgment]
7 years, 2 months ago

Hindu Daughter Can Claim Marriage Expenses From Father: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that an unmarried Hindu daughter has the legal right to claim from her father reasonable expenses for marriage. This is based on Section 20 of the Hindu Adoptions and Maintenance Act, 1956, as per which a father has the legal obligation to maintain his unmarried daughter, whether legitimate or illegitimate. A division bench comprising …

Parental Control Different From Illegal Custody: Madras HC [Read Judgment]
8 years ago

Parental Control Different From Illegal Custody: Madras HC [Read Judgment]

Live Law  

The High Court of Madras recently upheld the decisions of the Courts which supported the view that parental authority, barring a few exceptions, would “out of bounds for a writ court, because it is exercised for the ultimate benefit of the ward.” “According to the petitioner, he is sister's son of respondent No.3. In the light of the decisions stated …

Handing over child custody to an institution, ignoring parent’s claim not acceptable: SC [Read Order]
8 years, 6 months ago

Handing over child custody to an institution, ignoring parent’s claim not acceptable: SC [Read Order]

Live Law  

The Supreme Court, in BEATA AGNIESZKA SOBIERAJ VS. STATE OF HIMACHAL PRADESH has depreciated the practice of handing over the custody of the child to an institution, while ignoring the claim of a parent, especially the mother of the child, as not acceptable.In the instant case, the father of the child has no objection to the handing over of parental …

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