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 Hindu Father, from which he. 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. "The father's duty to maintain his unmarried daughters, including his duty to provide for their marriage is clearly recognized by the law," the Court added. Looking at the financial status of the father, the Court observed that his refusal to pay towards marriage expenses of his unmarried daughters was most unfortunate and not acceptable.

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History of this topic

Parents can be compelled to provide funds for daughter's education: Supreme Court
2 months, 2 weeks 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 …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months, 2 weeks 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 …

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC
7 months, 3 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, 3 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 …

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case
9 months, 2 weeks ago

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case

New Indian Express  

Apart from the compensation of Rs 10.5 lakh, the court also imposed a fine of Rs 15,000 on the accused. The prosecution had established that the child was a victim of circumstances who was forced into marriage by her maternal grandmother who was the only one in her family to sustain the living. As per the victim’s statement, she was …

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 …

Adultery no grounds to deny parental custody: Delhi High Court
1 year, 1 month ago

Adultery no grounds to deny parental custody: Delhi High Court

Hindustan Times  

An adulterous spouse is not equivalent to an incompetent parent and an extramarital affair of a person cannot be the sole determining factor to deny them custody of a child, the Delhi High Court has ruled. The high court said points for consideration in divorce proceedings and custody matters may be co-related but they are always “mutually exclusive”. The high …

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC
1 year, 1 month ago

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court, while upholding a couple's divorce on the grounds of cruelty by the wife, has observed that a wife should not be a constant reminder of one’s financial limitations and one must tread carefully between the needs, wants, and desires. "A wife should not be a constant reminder of one’s financial limitations. Pressurizing spouse to …

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 …

Delhi High Court backs kids' education abroad, rejects mother's relocation plea
1 year, 7 months ago

Delhi High Court backs kids' education abroad, rejects mother's relocation plea

India Today  

A mother's anxiety for her children's well-being is a natural instinct, but it cannot be allowed to hinder their education, the Delhi High Court asserted. Consequently, the court dismissed the mother's apprehensions of psychological trauma, considering them to be unfounded fears that should not hinder the children's educational path. "So being the case, the apprehension of the appellant mother that …

Wife neither appendage, adjunct to husband: Delhi HC
1 year, 8 months ago

Wife neither appendage, adjunct to husband: Delhi HC

Hindustan Times  

A wife is neither an appendage nor an adjunct to her husband and her identity does not merge or get subsumed in her husband’s identity, the Delhi high court has said. Delhi high court The court made the observation while directing a man to vacate his tenanted shop proposed to be used by the married daughters of a landlord for …

Wife’s Identity Does Not Merge With Husband’s Identity, She Has Natural Right To Pursue Her Dreams To Be Financially Independent: Delhi High Court
1 year, 8 months ago

Wife’s Identity Does Not Merge With Husband’s Identity, She Has Natural Right To Pursue Her Dreams To Be Financially Independent: Delhi High Court

Live Law  

A wife is neither an appendage nor an adjunct to her husband and her identity does not merge or get subsumed in her husband’s identity, the Delhi High Court observed in a recent ruling, while directing a tenant to vacate a shop proposed to be used by daughters of a landlord, a Mutawalli of a Wakf-ul-aulad, for starting their business …

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court
1 year, 10 months ago

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court

Live Law  

The Delhi High Court has ruled that a daughter in law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same.“Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an indefeasible right and cannot be to the exclusion of …

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, …

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 …

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 …

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 …

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. …

Section 125 CrPC- "Obligation Of A Father To Maintain His Son Will Not Come To An End When He Attains Majority": Delhi High Court
3 years, 9 months ago

Section 125 CrPC- "Obligation Of A Father To Maintain His Son Will Not Come To An End When He Attains Majority": Delhi High Court

Live Law  

The Delhi High Court has held that the obligation of a father to maintain his son under sec. 125 of CrPC would not come to an end when the son attains the age of majority after reasoning that the entire burden of his education including other expenses would fall entirely upon the mother. 15,000 per month is to be given …

Delhi High Court Allows Adult Hindu Girl To Return With Parents Who Left Home With Muslim Man
4 years, 2 months ago

Delhi High Court Allows Adult Hindu Girl To Return With Parents Who Left Home With Muslim Man

Live Law  

A division judge bench of Justice Vipin Sanghi and Rajnish Bhatnagar of the Delhi High Court today allowed an adult Hindu girl, who had eloped from her home with her Muslim boyfriend, to return home - while granting her protection and on the condition that her parents would take full responsibility of her education. In the hearing before the Court …

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 …

Husband Has to Pay Maintenance For Children Irrespective Of His Wife Earning: Delhi HC [Read Judgment]
5 years, 8 months ago

Husband Has to Pay Maintenance For Children Irrespective Of His Wife Earning: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently observed that the husband cannot avoid undertaking the responsibility of maintaining his children merely because his wife is earning. Justice Sanjeev Sachdeva of the Delhi High Court was hearing a revision petition challenging an order of the Sessions Court whereby an appeal of the petitioner against an order of the Trial Court was dismissed. While …

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]
6 years, 3 months ago

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]

Live Law  

The Delhi High Court recently granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’s parents did not allow for any contact between her and her father.In doing so, Justice Najmi Waziri emphasised on the importance of a child being under the care and concern of the mother as well …

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]
6 years, 3 months ago

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]

Live Law  

The Delhi High Court recently granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’s parents did not allow for any contact between her and her father.In doing so, Justice Najmi Waziri emphasised on the importance of a child being under the care and concern of the mother as well …

Father’s maintenance for child cannot be only two meals a day, says Delhi court
6 years, 9 months ago

Father’s maintenance for child cannot be only two meals a day, says Delhi court

Hindustan Times  

A child’s right to maintenance is not restricted to his father paying for two daily meals only but must be determined on the basis of benefits he would have enjoyed as if he was living with his parents, a Delhi court has said. The right to maintenance of a child from his father cannot be restricted to two meals a …

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 …

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 …

Welfare Of Child Cannot Be Measured By Financial Means Or Superior Education Of Parents Alone: Delhi HC [Read Judgment]
7 years, 10 months ago

Welfare Of Child Cannot Be Measured By Financial Means Or Superior Education Of Parents Alone: Delhi HC [Read Judgment]

Live Law  

The High Court of Delhi on Monday reiterated the established proposition that welfare of a child cannot be measured by financial means or superior education alone.“Even the contentions of Mr.Sahay as to the welfare of the child circle around the financial capacity of the petitioner and brighter prospects of the minor child in the USA. The High Court of Delhi …

Delhi court asks woman seeking alimony to find a job, stop being a financial burden to husband
9 years ago

Delhi court asks woman seeking alimony to find a job, stop being a financial burden to husband

Firstpost  

A woman has been advised by a Delhi court to make sincere endeavour to find a job, saying she is well-qualified and cannot be allowed to sit idle at home to put financial burden on her estranged husband. New Delhi: A woman has been advised by a Delhi court to make sincere endeavour to find a job, saying she is …

Bombay HC upholds the vires of S.20(3) of the Hindu Adoption and Maintenance Act, 1956; An Unmarried Daughter is entitled to Maintenance even after she attains Majority [Read the Judgment]
9 years, 10 months ago

Bombay HC upholds the vires of S.20(3) of the Hindu Adoption and Maintenance Act, 1956; An Unmarried Daughter is entitled to Maintenance even after she attains Majority [Read the Judgment]

Live Law  

A Bombay High Court Bench comprising of Justice A.P. Bhangale and Justice A.S. Oka has upheld the constitutional validity of subsection 3 of section 20 of the Hindu Adoption and Maintenance Act, 1956.It is also held that the applicability of Hindu Adoption and Maintenance Act, 1956 does not depend upon the nationality of the child or domicile of the child. …

Bombay HC upholds the vires of S.20(3) of the Hindu Adoption and Maintenance Act, 1956; An Unmarried Daughter is entitled to Maintenance even after she attains Majority [Read the Judgment]
9 years, 10 months ago

Bombay HC upholds the vires of S.20(3) of the Hindu Adoption and Maintenance Act, 1956; An Unmarried Daughter is entitled to Maintenance even after she attains Majority [Read the Judgment]

Live Law  

A Bombay High Court Bench comprising of Justice A.P. Bhangale and Justice A.S. Oka has upheld the constitutional validity of subsection 3 of section 20 of the Hindu Adoption and Maintenance Act, 1956.It is also held that the applicability of Hindu Adoption and Maintenance Act, 1956 does not depend upon the nationality of the child or domicile of the child. …

Estranged wife, child are entitled to decent living: Court
10 years, 3 months ago

Estranged wife, child are entitled to decent living: Court

India TV News  

New Delhi: A Delhi court has asked a man to pay Rs 8,000 as maintenance to his estranged wife and their two-year-old child, saying they are entitled to a decent living and the ordinary comforts of life. Additional Sessions Judge Sanjay Sharma asked the man, a Delhi resident, to pay Rs 4,000 per month each to the woman and their …

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