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2005 Supreme(Ker) 23

Judges : K.A.ABDUL GAFOOR,R.BASANT
Viswambharan - Appellant
Versus
Dhanya - Respondent
Case No : Mat.Appeal No.193 of 2004 E
Decided On : 01/14/2005
Advocates Appeared :
For the Petitioner : M/s. K B. Mohan Das & Lallulal T G. Thundathil, Advocates.

Headnote:

Hindu Adoption and Maintenance Act, 1956 -Section .20 -Is an unmarried daughter attained majority, entitled to claim maintenance under S.20 of the Hindu Adoptions and Maintenance Act from her father? Both claimants are daughters of the appellant 1 st claimant had crossed the age of majority even when she filed the application. She was about 19 years old. 2nd claimant was aged about 15 years court filed the claim petition.Court has crossed the age of majority during the pendency of the proceedings -Held, Regarding the quantum, we find that the evidence on record indicates satisfactorily that the appellant was formerly employed abroad, is getting military pension of Rs. 1,500/- per mensem and that he earns an income of Rs.3,000/- from his employment as a Security Guard in the Guruvayoor Temple. Specific evidence about the quantum of income was not made available before Court by the appellant -Appeal is dismissed.

Judgment :-

Basant, J.

Is an unmarried daughter, who has attained majority, entitled to claim maintenance under Sec.20 of the Hindu Adoptions and Maintenance Act from her father? This is the short question dig arises for consideration in this appeal.

2. The relationship between the parties is admitted. Both claimants are daughters of the appellant. The 1st claimant had crossed the age of majority even when she filed the application. She was about 19 years old. The 2nd claimant was aged about 15 years on the date when she filed the claim petition. She has crossed the age of majority during the pendency of the proceedings.

3. The claimants contended that the appellant-their father, was not maintaining them. He was residing separately. In the circumstances, the claimants who were unable to maintain themselves claimed that the appellant may be directed to make payment of an amount of Rs.1,000 per mensem to each of them as maintenance. The appellant had sufficient means, it was contended. He was formerly employed in the Gulf He was getting military pension. He has a goods auto rickshaw. He is employed as a Security Guard in the Guruvayoor Temple. His monthly earnings far exceed Rs.4,500, it was contended.

4. The appellant resisted the claim. He disputed the assertion that he was not maintaining the claimants. He disputed his liability to pay an amount of Rs.1,000 per mensem as maintenance to the claimants. His income did not justify the same, it was contended. He disputed the liability to make payment as also the quantum of maintenance claimed.

5. The claim for maintenance was disposed of along with two other petitions by the Family Court, Trichur. The court had before it the evidence of P.Ws.1 to 6 and Exts. A-1 and A-2 on the side of the claimants and the oral evidence of C.P.Ws.1 and 2 and Exts. B-1 and B-2 on the side of the appellant. The report of the Commissioner Ext.C-1, was also available before it.

6. The Family Court came to the conclusion that the appellant has the liability to pay maintenance to the claimants. He was, accordingly, directed to pay maintenance at the rate of Rs.500 per mensem to each of the claimants from December, 1996 till they got married. It is the said direction that is assailed before us in this appeal.

7. When the appeal came up for admission the learned counsel for the appellant assailed the impugned direction on the following two grounds only:

(1) Both claimants having attained majority are not entitled to claim maintenance from the appellant in view of Sec. 20(2) of the Hindu Adoptions and Maintenance Act, 1956. (2) The quantum awarded is excessive.

8. The law relating to maintenance payable by a Hindu parent to his children is codified in the Hindu Adoptions and Maintenance Act 1956 (for short 'the Act'). "Maintenance" under See. 3(b) of the Act is defined as follows:

"(b) 'maintenance' includes in all cases, provision for food, clothing, residence, education and medical attendance and treatment

(ii) in all case of an unmarried daughter, also the reasonable expenses of and incident to her marriage."

The provision relating to the liability/right to pay/claim maintenance is contained in Sec.20 of the Act. The said Section is extracted below:

"20. Maintenance of children and aged parents.- (1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

(3) The obligation of a person to maintain his or her aged of infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.

Explanation.- In this section 'parent' includes a childless step-mother."

(emphasis supplied)

The expression 'minor' is defined in Sec. 3(c) of


















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