Judges : K.K.ABDUL GAFOOR,R.BASANT
Viswambharan - Appellant
Versus
Dhanya - Respondent
Case No : Mat.Appeal.No.133 of 2004
Decided On : 01/14/2005
Advocates Appeared :
For the Appellant: K.B. Mohandas, Lellulal T.G. Thundathil, Advocates. For the Respondents: -----
The claimants, unmarried daughters of the appellant, sought maintenance under Sec.20 of the Hindu Adoptions and Maintenance Act. The Family Court found the appellant liable to pay maintenance at the rate of Rs.500/- per month to each claimant until they got married. The appellant appealed, contending that the claimants, having attained majority, were not entitled to claim maintenance and that the quantum awarded was excessive. The court held that a Hindu unmarried daughter, on attaining majority, is entitled to continue to claim maintenance from her father until marriage, if she is unable to maintain herself out of her own earnings or property. The court also found the awarded quantum to be fair and just, dismissing the appeal.
Fact of the Case:
The claimants, unmarried daughters of the appellant, sought maintenance under Sec.20 of the Hindu Adoptions and Maintenance Act. The Family Court found the appellant liable to pay maintenance at the rate of Rs.500/- per month to each claimant until they got married.
Finding of the Court:
The court held that a Hindu unmarried daughter, on attaining majority, is entitled to continue to claim maintenance from her father until marriage, if she is unable to maintain herself out of her own earnings or property. The court also found the awarded quantum to be fair and just, dismissing the appeal.
Issues: The main issues were whether unmarried daughters, who have attained majority, are entitled to claim maintenance under Sec.20 of the Hindu Adoptions and Maintenance Act from their father, and whether the awarded quantum was excessive.
Ratio Decidendi: The court established that a Hindu unmarried daughter, on attaining majority, is entitled to continue to claim maintenance from her father until marriage, if she is unable to maintain herself out of her own earnings or property. The court also found the awarded quantum to be fair and just, dismissing the appeal.
Final Decision: The court dismissed the appeal, upholding the Family Court's decision to award maintenance to the claimants.
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 that arises for consideration in this appeal.
2. The relationship between the parties is admitted. Both claimant 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 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.A1 and A2 on the side of the claimants and the oral evidence of C.P.Ws.1 and 2 and Exts.B1 and B2 on the side of the appellant. The report of the Commissioner Ext.C1, 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, 1999 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 Sec.3(b) of the Act is defined as follows:
“(b) ‘maintenance’ includes—
(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;
(ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to her marriage.”
The provision relating to the liability/right to pat/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 or infirm parent or a daughter who is unmarried extends is 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
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