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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Mamta Singh – Appellant
Versus
Ajoy Singh – Respondent
| Table of Content |
|---|
| 1. case initiation and prior maintenance orders (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. contention on minor status and maintenance (Para 8 , 9) |
| 3. defendant's arguments on daughter’s birth details (Para 10 , 11) |
| 4. legal standards for maintenance obligations (Para 12 , 13 , 14) |
| 5. considerations for determining excess payments (Para 15 , 16) |
| 6. final disposition of the case (Para 17) |
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Challenging the legality and impropriety of the order dated 27th July, 2022 passed by learned Judicial Magistrate 3rd Court Hooghly, in connection with M. Ex. Case No. 132 of 2016 (arising out of MC case no. 167/2002) the petitioner has preferred the instant application.
2. Petitioners counsel Mr. Sen submits that the marriage between the petitioner and the opposite party was solemnised on 02.05.1995 and they are blessed with a female child namely Araika Singh who was born on 20th April, 1997. Petitioners further case is that thereafter she was subjected to physical and mental torture and was driven out from the house of the opposite party herein in the month of May 2000 and her further allegation is opposite party wilfully refused to maintain both the petition
Father has a lasting duty to maintain children even post-majority if they cannot support themselves, echoing moral principles alongside statutory mandates.
The right to maintenance under Section 125 CrPC is a personal right that can be claimed by legal heirs after the death of the entitled party, and the obligation to pay maintenance is based on the hus....
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.
Limitation - Recovery of arrear maintenance - When main petition claiming arrear was pending and kept alive, filing of subsequent petition was only to specify exact amount accrued due upto date. Such....
The husband has a social, moral, and legal duty to maintain his wife and children, and maintenance should be sufficient to enable them to lead a life with dignity and decorum.
Unmarried daughters are entitled to maintenance from their father even after attaining majority if unable to support themselves, as per Hindu Adoptions and Maintenance Act.
The court ruled that maintenance under the Hindu Marriage Act should be awarded from the date of filing the application to prevent financial hardship for dependents during proceedings.
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