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1985 Supreme(AP) 99

Andhra Pradesh High Court
Judges : A.RAGHUVIR, P.KODANDA RAMAYYA
KODIYALA KRISHNAPRASADA RAO - Appellant
Versus
K.JAYASRI - Respondent
Decided On : 02-28-85

The duty of a parent to maintain a child continues even after the child attains majority, if the child remains unmarried and unable to maintain herself.

Headnote:

MAINTENANCE - HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 - SECTION 20 - LIABILITY OF PARENT TO MAINTAIN UNMARRIED DAUGHTER - EXTENT AND CONDITIONS.

Fact of the Case:

The plaintiffs, daughters of the 1st defendant, filed a suit for maintenance and other reliefs, alleging that the 1st defendant had not been maintaining them or spending any amount for their education since May 1972, and had turned them and their mother out of the family house in May 1973. The 1st defendant denied the allegations and claimed that he was always ready and willing to perform the marriages of the plaintiffs and maintain them.

Finding of the Court:

The trial court held that the 1st defendant had neglected to maintain the plaintiffs since 1972 and granted a decree for maintenance. The 1st defendant appealed, contending that the duty to maintain a child ceases on the child attaining majority, and that an unmarried daughter has no right to enforce a pasupukumkuma gift based on custom.

Issues: 1. Whether the duty of a parent to maintain a child continues after the child attains majority, if the child remains unmarried and unable to maintain herself? 2. Whether an unmarried daughter has a right to enforce a pasupukumkuma gift based on custom?

Ratio Decidendi: 1. The court held that the duty to maintain a child continues even after the child attains majority, if the child remains unmarried and unable to maintain herself. This obligation is imposed by Section 20 of the Hindu Adoptions and Maintenance Act, 1956, which casts an absolute obligation on the parent to maintain the child, regardless of the child's age or conduct. 2. The court held that an unmarried daughter does not have a right to enforce a pasupukumkuma gift based on custom. The court found that the evidence of custom was vague and uncertain, and that such a custom would be contrary to the provisions of the Hindu Adoptions and Maintenance Act, 1956.

Final Decision: The court allowed the appeal in part, confirming the decree for maintenance from the date of suit till the date of the judgment, but vacating the decree for maintenance from the future date. The court also set aside the decree for pasupukumkuma gift.

KODANDARAMAYYA, J.

( 1 ) THIS appeal arises out of an action laid by the plaintiffs the daughters of the 1st defendant for maintenance and other reliefs.

( 2 ) THE plaintiffs case is that the 1st defendant was not maintaining the petitioners nor spending any amount for their education since may 1972 and turned out them and their mother out of the family house at Katevaram without any justification in May 1973 and the plaintiffs could not live with the 1st defendant without their mother as the mother df the 1st defendant and also the sister of the 1st defendant are bringing pressure that the 1st plaintiff or the 2nd plaintiff should marry the son of the sister of the 1st defendant and they apprehend that they would bring even criminal force against them for that purpose, it is also alleged that the 1st defendant became callous and kept a concubine named Sambrajyarp permanently at Guntur and hence the suit (1) for maintenance of all the plaintiffs. (2) for marriage expenses of plaintiffs 1 to 3 and (3) for customary gifts of pasupukunkuma and residential accommodation and also for recovery of the amounts entrusted to the 1st defendant, belonging to the Minor plaintiffs.

( 3 ) THE defence is that the wife of the 1st defendant, mother of the plaintiffs is intelligent, aggressive and dominating and the 1st defendant took all steps to educate the plaintiffs initially at their native village katevaram, at Vinayasramam, Kovur, Nidubrolu and also at Guntur and as the children were not successful in the examination inspite of all trials the 1st defendant felt that the life at Guntur town was costly and besides being useless suggested that they should go baek to their native village but the wife did not agree to stay at the native village as she has become a fashionable lady and wanted to stay in towns. It is also averred in the written statement that he is always ready and willing to perform the marriages of the p aintiffs and maintain them and they may come and stay with him and he is prepared to bear the expenses of education and main tenance and the mother of the plaintiffs who suffered a decree for restitution of conjugal rights at his instance in O. P. No. 74/72 got filed this suit to harass him. Tne allegations of turning out of the plaintiffs from the family house in May 1973, illtreatment, keeping a concubine and abandonment of plaintiffs were all denied and consequently the other claims also were refused being unjustified and not tenable.

( 4 ) THE trial court held the illtreatment of the plaintiffs by the 1st defendant is not proved It also held that the allegations regarding the conduct of the 1st defendant relating to drinking and keeping a concubine were not proved. It however held that the plaintiffs were turned out of the family house in May 1973 and the 1st defendant did not maintain the plaintiffs since 1972 and did not take steps to bring them to the family house and hence the claim for maintenance is sustainable and consequently decreed the suit for maintenance at Rs. 75/~ p. m. to plaintiffs 1, 3, and 4 and Rs. 150/- p. m. for the 2nd plaintiff from the date of suit and Rs. 5,000 to each of the plaintiffs towards marriage expenses and provision of ac. 1. 50 cents of wet land to each of the plaintiffs, given at the time of marriage towards pasupukumkuma.

( 5 ) THE other claim of the refund of the entrusted amount and the marriage gifts were dismissed. A charge was also created in respect of this decree on A and D Schedule properties The present appeal is filed by the 1st defendant.

( 6 ) SRI B. V. Subbayya, the learned counsel for the appellant, raised the following contentions in this appeal:1. In a suit for maintenance by the child, the plaintiff must prove the neglect or the abandonments of the child by the parent. 2. Once the daughter attains majority the right to maintenance ceases even though she remains unmarried. 3. The duty to maintain the child arises only when the child submits to the care and custody of p




















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