Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]
6 years, 11 months ago

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]

Live Law  

The Bombay High Court, in Agnes Lily Irudaya v Irudaya Kani Arsan, has held that the unmarried daughter though the attained majority is entitled to claim maintenance from the father.In this case, the mother had approached the family court claiming maintenance from her husband for daughter who had turned major but IS unmarried, for meeting her educational expenses. The Bombay High Court, in Agnes Lily Irudaya v Irudaya Kani Arsan, has held that the unmarried daughter though the attained majority is entitled to claim maintenance from the father. In this case, the mother had approached the family court claiming maintenance from her husband for daughter who had turned major but IS unmarried, for meeting her educational expenses. The family court dismissed her application on the ground that maintenance can be granted to minor children only and the major daughter cannot claim maintenance through her mother.

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History of this topic

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC
Top News
1 day, 11 hours ago

Maintenance law meant to promote equality among spouses, not idleness: Delhi HC

Hindustan Times  

New Delhi, The law relating to maintenance of wives, children and parents intends to provide protection to them and promote equality among the spouses and not "idleness", the Delhi High Court has held. Maintenance law meant to promote equality among spouses, not idleness: Delhi HC The high court said qualified wives, having an earning capacity but desirous of remaining idle, …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 1 day ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
4 months ago

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife

Live Law  

The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held …

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 …

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates
4 months, 2 weeks ago

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates

Live Law  

The Gwalior bench of the Madhya Pradesh High Court has reiterated that under Muslim Law, a father-in-law is not required to provide financial support to his deceased son's widow. The Calcutta High Court has specifically in the case of Shabnam Parveen observed that as per DV Act, the father-in-law of the son's widow is not bound to give maintenance to …

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC
6 months, 2 weeks ago

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC

News 18  

In a significant ruling, the Allahabad High Court held that under the Hindu Adoptions and Maintenance Act, 1956, it is not mandatory for a widowed daughter-in-law to reside in her matrimonial home to claim maintenance from her father-in-law. “Merely because the lady may have made that choice may neither lead us to the conclusion that she had separated from her …

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC
7 months, 2 weeks ago

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC

Hindustan Times  

New Delhi The HC upheld the ruling of a family court, allotting enhanced compensation to wife and child. While Section 26 of HMA enables the court to pass interim orders with respect to the custody, maintenance and education of minor children, consistently with their wishes, the court said that gainful employment in today’s competitive world may be feasible only after …

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 …

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court
7 months, 3 weeks ago

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court

Live Law  

The Kerala High Court held that a male child who has attained majority cannot claim maintenance from their father as per the provisions of the Protection of Women from Domestic Violence Act, Section 125 of CrPC and Section 20 of the Hindu Adoption and Maintenance Act. Therefore, the Court stated that a person who ceases to be a child upon …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
9 months, 2 weeks ago

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.” The family court had ordered payment of interim maintenance …

Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC
11 months, 2 weeks ago

Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC

Live Law  

The Allahabad High Court has observed that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot later demand the same. A bench of Justice Vipin Chandra Dixit opined thus while ALLOWING a revision plea moved by a husband challenging an order of the Family Court passed …

Step Father Can't Be Asked To Maintain Child When Biological Father Is Alive: Delhi Court
1 year ago

Step Father Can't Be Asked To Maintain Child When Biological Father Is Alive: Delhi Court

Live Law  

A Delhi Court has observed that a stepfather cannot be asked to maintain a minor child when the biological father is alive.“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the step father cannot be asked to maintain the child.” Metropolitan Magistrate Neha Kheria of …

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court
1 year ago

Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court

Live Law  

Madhya Pradesh High Court has refused to interfere with a family court order that denied maintenance to a woman on account of the subsistence of her first marriage with another man. 1 could not get divorce from her earlier husband/Bhagwansingh and could not file any proof of getting divorce…”, the court clarified why maintenance cannot be granted in the case …

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
1 year, 1 month ago

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance

Live Law  

The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job. While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was …

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court
1 year, 3 months ago

Merely Because Wife Is Earning Isn't An Absolute Bar To Receiving Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court on Monday said that merely because the wife is earning does not automatically operate as an absolute bar for awarding maintenance by the husband.A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta also observed that the obligation of the husband to provide maintenance is on a higher pedestal than the wife, since …

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court
1 year, 5 months ago

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court

Live Law  

While revising the maintenance amount awarded to a woman in a matrimonial dispute, the Jharkhand High Court has opined that while it is the husband's moral obligation to provide maintenance to his wife, ensuring she can maintain a lifestyle similar to that of their matrimonial home, this does not justify burdening the husband to the extent that the marriage becomes …

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court
1 year, 6 months ago

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court

Live Law  

The Delhi High Court has observed that a divorced daughter is not a “dependent” under the Hindu Adoptions and Maintenance Act, 1956, and that she is not entitled to claim maintenance from the estate of her deceased father.“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a “divorced daughter” does not …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 6 months ago

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income. While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a …

Unmarried Daughter Not Entitled to Get Maintenance Under Domestic Violence Act: Karnataka HC
1 year, 6 months ago

Unmarried Daughter Not Entitled to Get Maintenance Under Domestic Violence Act: Karnataka HC

News 18  

The Karnataka High Court has explained that there is no provision under the Domestic Violence Act, 2005 to provide maintenance to daughters until they get married. A single judge bench of Justice Rajendra Badamikar said under the provisions of the Act the question of awarding maintenance to the daughters until their marriage does not arise at all though the financial …

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court
1 year, 7 months ago

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court

Live Law  

The Bombay High Court recently held that daughter cannot continue her mother’s claim of maintenance from husband after her death, as the right to claim maintenance under the Hindu Adoption and Maintenance Act is an individual right against another person. “right to claim maintenance under the personal laws viz., Hindu Adoption and Maintenance Act, Muslim Law, Christen Law is in …

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court
1 year, 10 months ago

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court

Live Law  

The Madras High Court recently held that a mother is entitled to claim the arrears of maintenance that accrued to her deceased daughter before her death. The court noted that arrears of maintenance was the property of the deceased daughter and after her death, her mother, being a legal guardian, is entitled to this property. Justice V Sivagnanam thus dismissed …

Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court
1 year, 11 months ago

Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court

Live Law  

The Bombay High Court recently held that parents-in-law are not entitled to maintenance from their widowed daughter-in-law under section 125 of CrPC. The court noted that father-in-law and mother-in-law are not mentioned in section 125 CrPC. The court did not consider this submission for proceedings under section 125 of CrPC as the categories of person entitled to claim maintenance are …

Widows do not have to maintain parents-in-law: Bombay High Court
1 year, 11 months ago

Widows do not have to maintain parents-in-law: Bombay High Court

India Today  

While answering a question about whether parents-in-law can claim maintenance from their widowed daughter-in-law under Section 125 of the Criminal Procedure Code, the Aurangabad bench of the Bombay High Court held that senior citizens are not entitled to it. Since their son died, there is no one to look after them and therefore, they filed an application for maintenance before …

No Law Prevents Wife Getting Maintenance Under One Provision Of Law To Seek Maintenance Under Another: MP High Court
2 years, 1 month ago

No Law Prevents Wife Getting Maintenance Under One Provision Of Law To Seek Maintenance Under Another: MP High Court

Live Law  

The Madhya Pradesh High Court recently observed that there is no law which suggests that wife getting maintenance under one provision of law cannot seek maintenance under another. The Appellant further pointed out that the Respondent wife had moved an application seeking maintenance under Section 125 CrPC wherein she made no mention of the suit property. Otherwise there was no …

District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court
2 years, 2 months ago

District Collector Can Take Disciplinary Action Against Subordinate Officer Over Failure To Maintain Child: Madras High Court

Live Law  

While hearing a petition to transfer a matrimonial dispute from Pudukottai to Ponneri in Tamil Nadu, the Madras High Court noted that the father, who was working as a Village Administration Officer was not paying interim maintenance to his 10 year old daughter. While directing him to make such payment irrespective of visitation rights, Justice SM Subramaniam also directed the …

S.125 CrPC | Not Obligatory For Claimant To Implead 'All Eligible Persons' Having Sufficient Means In Proceedings For Maintenance: Uttarakhand HC
2 years, 3 months ago

S.125 CrPC | Not Obligatory For Claimant To Implead 'All Eligible Persons' Having Sufficient Means In Proceedings For Maintenance: Uttarakhand HC

Live Law  

The Uttarakhand High Court has clarified that it is not mandatory for a person claiming maintenance under Section 125 Cr.P.C. This reflects the legislative intent that any one of the several persons may be chosen for claiming maintenance and it is not obligatory on the part of the claimant seeking maintenance to name all the persons having sufficient means to …

Able-Bodied Husband Should Earn By Legitimate Means And Maintain His Wife And Minor Child : Supreme Court
2 years, 5 months ago

Able-Bodied Husband Should Earn By Legitimate Means And Maintain His Wife And Minor Child : Supreme Court

Live Law  

The Supreme Court observed that an able-bodied husband is obliged to earn by legitimate means and maintain his wife and the minor child.The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute, the bench of Justices Dinesh Maheshwari …

S.24 HMA | Divorce Decree Granted Without Deciding Application For Maintenance Pendente Lite: Bombay HC Remands Case Back To Family Court
2 years, 5 months ago

S.24 HMA | Divorce Decree Granted Without Deciding Application For Maintenance Pendente Lite: Bombay HC Remands Case Back To Family Court

Live Law  

The Nagpur bench of Bombay High Court has remanded a divorce case back to the family court after the family court granted divorce without deciding interim application for maintenance pendente lite filed by the wife. Justice Urmila Joshi Phalke set aside a divorce decree in a family appeal preferred by a wife against the trial court decision granting decree of …

HAMA | Widow Daughter-In-Law Can Claim Maintenance From Father-In-Law If She Is Unable To Obtain Maintenance From Her Husband's Estates: Chhattisgarh HC
2 years, 8 months ago

HAMA | Widow Daughter-In-Law Can Claim Maintenance From Father-In-Law If She Is Unable To Obtain Maintenance From Her Husband's Estates: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has held that a widowed daughter-in-law has the right to claim maintenance from her father-in-law, if the latter has the possession of estates/ coparcenary properties in which the former's husband had rights and interest. Contentions of the Appellant: Mr. Sanjay Patel, counsel appearing for the appellant, submitted that to get the maintenance from the father-in-law, the …

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court
2 years, 9 months ago

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court

Live Law  

The Delhi High Court has observed that in India, a brother does not abandon his divorced sister and accordingly, the expenditure borne by him in supporting his sister must be taken into account while passing an order of maintenance in favour of his wife. The Delhi High Court has observed that in India, a brother does not abandon his divorced …

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court
2 years, 9 months ago

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court

Live Law  

The Supreme Court observed that settled exclusive possession of a property of Hindu Undivided Family by a widow would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance.This is more particularly when the surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance, the. The Supreme Court observed …

Can't Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act : Bombay High Court
2 years, 10 months ago

Can't Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act : Bombay High Court

Live Law  

The Bombay High Court has observed that a daughter-in-law cannot be directed to pay maintenance to her ailing mother-in-law, especially in the absence of any proof of the woman's income. It noted that Section 2 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 that defines 'children,' includes son, daughter, grandson and grand-daughter, but does not refer …

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court
2 years, 10 months ago

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court

Live Law  

The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband. 19 of the Family Court Act, 1984 against the order dated 3rd May, 2019 deferring their claim for interim maintenance in a petition under sec. The Family Court in the impugned order, observed that the appellant …

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 …

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 …

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court
3 years, 5 months ago

S.125 CrPC- Father Not Absolved From Maintaining Children Merely Because Mother Is Also Earning: Delhi High Court

Live Law  

The Delhi High Court has observed that in households where women are working and are able to sufficiently maintain themselves, it does not automatically absolve the husband of his responsibility to provide sustenance for his children.The observation was made in connection to revision of maintenance order passed by the High Court under Section 125 of CrPC.Justice Subramonium Prasad observed that. …

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court
3 years, 5 months ago

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court

Live Law  

Observing that a busy actress's work commitments don't make her unsuitable for her child's custody, the Bombay High Court has ruled that a minor's 'welfare' cannot be decided solely on which parent has more free time. Significantly, the court held that a writ of habeas corpus can be filed to grant a child's custody from one parent to the other …

Daughter Can Question Father's Second Marriage, Bombay HC Rules after Quashed Family Court Plea
4 years ago

Daughter Can Question Father's Second Marriage, Bombay HC Rules after Quashed Family Court Plea

News 18  

A Bombay Court ruled on Thursday that a child can rightfully question the marriages of their parents by approaching the Family Court. The verdict was given by a division bench of Justice RD Dhanuka and Justice VG Bisht while quashing a Family Court’s order dismissing a plea filed by a 66-year-old daughter who had questioned the second marriage of her …

Major Unmarried Daughter Not Suffering From Any Physical Or Mental Abnormality Not Entitled To Claim Maintenance From Father U/s 125 Of CrPC: SC [Read Judgment]
4 years, 6 months ago

Major Unmarried Daughter Not Suffering From Any Physical Or Mental Abnormality Not Entitled To Claim Maintenance From Father U/s 125 Of CrPC: SC [Read Judgment]

Live Law  

The Supreme Court has held that a daughter who attained majority and is still unmarried is not entitled to claim maintenance from her father in proceedings under Section 125 Cr.P.C. The bench headed by Justice Ashok Bhushan held that unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20 of the Hindu Adoptions …

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]
4 years, 6 months ago

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.High Court has dismissed a writ petition filed by a man who challenged an order passed by Family Court, Bandra granting interim maintenance to his widowed daughter-in-law and grandson.Justice Nitin W Sambre observed that as per …

Merely Because Wife Is A Practicing Lawyer And 'Capable Of Earning', Maintenance Can't Be Denied: Delhi HC [Read Order]
5 years, 3 months ago

Merely Because Wife Is A Practicing Lawyer And 'Capable Of Earning', Maintenance Can't Be Denied: Delhi HC [Read Order]

Live Law  

While reiterating the difference between 'capable of earning' and 'actual earning', the Delhi High Court allowed the grant of interim maintenance to a wife under Section 125 CrPC, notwithstanding that she is an Advocate, enrolled with Bar Council of Delhi. The order was passed by Justice Manoj Kumar Ohri in a revision petition, challenging the order of the Family Court …

Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC [Read Order]
5 years, 10 months ago

Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC [Read Order]

Live Law  

The Supreme Court has observed that a mother cannot give up the rights which vest in the daughter insofar as maintenance and other issues are concerned, during divorce by mutual consent. While considering an appeal, the bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra noticed one of the terms agreed between the parties which read thus: The applicant …

Even If Wife’s Parents Are Rich And Affluent, It Is Irrelevant In Deciding Claim For Interim Maintenance: Bombay HC [Read Judgment]
6 years, 3 months ago

Even If Wife’s Parents Are Rich And Affluent, It Is Irrelevant In Deciding Claim For Interim Maintenance: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that in a matrimonial dispute, even if parents of the wife are rich and affluent, the fact is irrelevant while deciding her application for interim maintenance.Justice MS Sonak was hearing a writ petition filed by one Shlokha Chhabria wherein she had challenged an order of the Family Court, Bandra, rejecting her application for interim …

Though Adult Son Cannot Claim Maintenance, Parents Have To Maintain Their Adult Child Till He Gets Employed: Uttarakhand HC [Read Order]
6 years, 7 months ago

Though Adult Son Cannot Claim Maintenance, Parents Have To Maintain Their Adult Child Till He Gets Employed: Uttarakhand HC [Read Order]

Live Law  

The Uttarakhand High Court recently increased the amount of maintenance awarded to a woman, noting that she had to take care of her major son as well since he was unemployed.Justice Lok Pal Sigh observed, "Though an adult son cannot claim maintenance from his parents as a matter of right, but in the Indian culture we cannot forget the fact …

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]
6 years, 11 months ago

Unmarried Adult Daughter Entitled To Claim Maintenance From Her Father, Rules Bombay HC [Read Judgment]

Live Law  

The Bombay High Court, in Agnes Lily Irudaya v Irudaya Kani Arsan, has held that the unmarried daughter though the attained majority is entitled to claim maintenance from the father.In this case, the mother had approached the family court claiming maintenance from her husband for daughter who had turned major but IS unmarried, for meeting her educational expenses. The Bombay …

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 …

Cannot Be Exempted From Maintaining Child Even If Other Spouse Earns Sufficiently Well: Delhi HC [Read Judgment]
7 years, 4 months ago

Cannot Be Exempted From Maintaining Child Even If Other Spouse Earns Sufficiently Well: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently reiterated the principle that a spouse cannot be exempted from contributing towards maintenance of a minor child even if the other spouse, with whom the child stays, earns sufficiently well. "It is a settled principle of law that both the parents have a legal, moral and social duty to provide to their child the best …

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