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Kunjumon, S/o Hassankunju – Appellant
Versus
Hyrunissa, W/o Late Mujeeb K – Respondent
JUDGMENT :
Devan Ramachandran, J.
Petitioner is the father of late Mujeeb K. It is stated that the latter unfortunately passed away by suspected suicide.
2. The first respondent is the wife of Mujeeb K., and the second respondent his young daughter of two years. They filed O.P.No.454/20 before the Family Court, Mavelikkara, seeking a decree against the petitioner to a certain sum of money, which is alleged to have been entrusted to him by the father of the first respondent at the time of her marriage with his son, as also for maintenance to the second respondent – child, till she attains majority.
3. The records reveal that the respondents also filed I.A.4/2021 seeking interim maintenance for the second respondent - child asserting that, as per the applicable Muslim Law, it is the duty of the grandfather to maintain his grandchild when his father is no more or is poor, and if he has enough means to look after the ward. The first respondent specifically averred in the said application that “she has no income or source to look after the well being of the small child” (sic); and that the petitioner herein has enormous wealth, being an expatriate Indian working in a country in the United A
The paternal grandfather has a duty to maintain his grandchild when the father is deceased and the mother is unable to do so, regardless of procedural objections raised late.
The father's obligation to maintain his child is paramount and cannot be negated by the mother's financial status, emphasizing shared parental duties.
Point of Law : When a party claims allowance of maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law.
Sec.125 of the CrPC reads as order for maintenance of wives, children and parents.
Point of Law : Section 125(1)(b) of Code an unmarried daughter who has physical or mental abnormality or injury whereby unable to maintain herself alone can claim maintenance.
Husband liable for maintenance; interim order set aside for fresh hearing on merits after arrears deposit.
Interim maintenance is provisional and based on estimations, requiring financial disclosures to ensure fair assessment and prevent misrepresentation.
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
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