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GITA GOPI
MAHESHBHAI VAMANBHAI BAVISKAR – Appellant
Versus
ASHABEN MAHESHBHAI BAVISKAR – Respondent
| Table of Content |
|---|
| 1. challenge to family court's maintenance order involves prior maintenance history. (Para 1 , 2 , 3) |
| 2. maintenance claim requires proof of inability beyond the age of majority. (Para 5) |
| 3. interpretation of legal obligations regarding maintenance after majority. (Para 6 , 7 , 8 , 9 , 10) |
| 4. established distinction between statutory rights and judicial interpretations in maintenance matters. (Para 18 , 19 , 20) |
| 5. final ruling limits maintenance under specific criteria pertaining to age and ability. (Para 49 , 50) |
JUDGMENT :
GITA GOPI, J.
1. By way of present Criminal Revision Application, the petitioner has challenged the judgment and order dated 04/12/2021 passed by the learned Principal Judge, Family Court, Navsari in Criminal Misc. Application No. 172 of 2016 (Old Maintenance Application No. 17 of 2015), disputing the order of maintenance qua respondent no. 2-the daughter.
2. Facts of the case in brief are that the petitioner had married respondent no. 1. Respondent no. 2 is his younger daughter. Respondent no. 1 and respondent no. 2 are residing separately since about 22 years. Elder daughter, of the petitioner and respondent no. 1, had been married by the petitioner.
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.
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 major daughter can only claim maintenance under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956, not under Section 125 CrPC unless incapacitated.
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 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 Family Court having concurrent jurisdiction under Section 125 CrPC and Section 20 of the HAMA Act may grant maintenance to an unmarried major daughter, despite a defect in the filing, to prevent mu....
Sec.125 of the CrPC reads as order for maintenance of wives, children and parents.
An unmarried major daughter is entitled to maintenance under Section 20 of HAMA Act, despite her age, if she is unable to maintain herself.
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
The central legal point established in the judgment is the entitlement to maintenance under the Portuguese Civil Code and Section 125 of Cr.P.C. for a major daughter's educational expenses.
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