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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR
B. Prakash S/o Late N. Bharathan – Appellant
Versus
Lazitha S. D/o Sukumari Amma – Respondent
ORDER :
1. The respondent in M.C. No.17/2013 has filed this revision petition invoking the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.
2. Respondent Nos.1 to 3 are his wife and children. In M.C. No.17/2013 which was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act), respondent Nos.1 to 3 sought various reliefs including maintenance. The trial court allowed the petition. Operative part of the order reads as follows:-
“(1) Respondent is restrained to commit physical abuse, verbal abuse, mental abuse, emotional abuse and threats against the petitioners.
(2) He shall not alienate or encumber the shared household 'Narayaneeyam' located in the property extending 30 cents comprised in Survey No.93/21/2 B at Kayamkulam Village.
(3) He shall not enter in the place of employment of 1st petitioner or attempt to communicate with her in any form, whatsoever including personal, oral or written or electronic or telephonic contact.
(4) Respondent is directed to pay Rs.5000/- (Five thousand)towards monthly rent to the 1st petitioner.
(5) Respondent shall pay a sum of Rs.4000/- (Four thousand) each to children Akash
Only individuals defined as 'children' under 18 years can claim maintenance, and entitlement ceases upon reaching majority, as outlined in the PWDV Act.
The obligation to provide maintenance under the PWDV Act and related laws ceases when a child attains the age of majority, as defined in the relevant statutes.
The obligation to pay maintenance to a non-earning daughter continues until her marriage, as per Section 20(3) of the Maintenance Act, and maintenance orders under Section 20(1)(d) of the D.V. Act mu....
The DV Act provides a broad scope of monetary relief, including maintenance for aggrieved persons and their children, and establishes the independent right of unmarried daughters to obtain maintenanc....
Maintenance – Unmarried daughter, whether Hindu or Muslim has right to obtain maintenance, irrespective of her age – Courts have to look for other laws applicable when question pertains to right to b....
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....
The court affirmed that a married daughter is not entitled to maintenance while enhancing the wife's maintenance from Rs.2,000 to Rs.3,000 per month, recognizing the need for a reasonable support amo....
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 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.
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