Back
JOYMALYA BAGCHI
Menti Trinadha Venkata Ramana – Appellant
Versus
Menti Lakshmi – Respondent
ORDER :
Joymalya Bagchi, J.
1. The petitioner has assailed the order, dated 07.02.2013, passed in Criminal Revision Petition No. 25 of 2012, by the learned District and Sessions Judge, Vizianagaram, wherein the learned Sessions Judge, dismissed the Revision Petition affirming the order, dated 14.03.2012, passed in Crl.M.P. No. 1150 of 2011 in M.C. No. 23 of 2001, by the learned Judicial Magistrate of I Class, S. Kota, for recovery of maintenance to the tune of Rs. 22,000/- for a period of 11 months from 17.12.2009 to 16.11.2010 on the ground that the 2nd respondent, his daughter, had attained majority.
2. This Court takes note of the fact that the order of maintenance passed in favour of the 2nd respondent-daughter was not modified under Section 127 of Cr.P.C. and that his daughter is un-married and has no source of income. She is pursuing her education. However, it is argued that the order of maintenance would not survive as the girl has attained majority and this Court in exercise of its inherent jurisdiction ought to set-aside the order directing realization of dues payable to 2nd respondent after her attaining majority.
3. The issue which falls for decision is whether the learned M
The main legal point established is that the right of an unmarried daughter for maintenance from her father, even after attaining majority, is recognized under Section 20(3) of the Hindu Adoption and....
A daughter who has attained majority is not entitled to maintenance under Section 125 Cr.P.C. unless she is unable to maintain herself due to physical or mental abnormality.
A father is liable to maintain his unmarried daughter only until she attains majority unless she proves inability to maintain herself due to physical or mental disability, per Section 125 CrPC.
An unmarried Hindu daughter can claim maintenance from her father till she is married, in terms of provisions of Section 23 of Hindu Adoption and Maintenance Act, 1956.
The obligation to pay maintenance to a non-earning daughter continues until her marriage, as per Section 20(3) of the Maintenance Act, and maintenance orders under Section 20(1)(d) of the D.V. Act mu....
The DV Act provides a broad scope of monetary relief, including maintenance for aggrieved persons and their children, and establishes the independent right of unmarried daughters to obtain maintenanc....
The obligation to provide maintenance under the PWDV Act and related laws ceases when a child attains the age of majority, as defined in the relevant statutes.
Only individuals defined as 'children' under 18 years can claim maintenance, and entitlement ceases upon reaching majority, as outlined in the PWDV Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
