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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, SUSHIL KUKREJA
Rishita Kapur – Appellant
Versus
Vijay Kapur – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Petitioners have approached this Court against the dismissal of their application for enhancement of maintenance vide order dated 07.03.2024 passed in Petition No.24/22/18 by Additional Principal Judge, Family Court, Sarkaghat, District Mandi, H.P.
2. Petitioners herein are children of respondent No.1 Vijay Kapur and proforma respondent No.2 Neelam Kumari. The dates of birth of petitioner No.1 Rishita Kapur and petitioner No.2 Suchet Kapur are 01.08.1998 and 17.03.2002, respectively. They have attained majority on 01.08.2016 and 17.03.2020, respectively.
3. According to the petitioners, petitioner No.1 is pursuing her study of Ph.D from H.P. Krishi Vishwa Vidyalaya, Palampur, District Kangra and petitioner No.2 is doing B.Tech from Guru Nanak Dev University, Amritsar (Punjab). It has been submitted that for financial constraints, their studies are bound to be adversely affected and disrupted.
4. In an application preferred by proforma respondent No.2 Neelam Kumari and present petitioners, under Section 125 Cr.P.C., against respondent Vijay Kapur, for grant of maintenance allowance, Judicial Magistrate First Class, Sarkaghat, vide order 09.07.2012 had aw
Children are entitled to maintenance till majority unless incapacitated; Family Courts maintain distinction for claims post-majority.
Maintenance – A child (legitimate or illegitimate) is entitled for maintenance from father before attaining age of majority.
An unmarried Hindu daughter can claim maintenance from her father till she is married resorting to S.20(3) of Hindu Adoptions and Maintenance Act, 1956.
The main legal point established in the judgment is that the quantum of maintenance must be determined based on the financial status of the parties, the reasonable needs of the dependant spouse and c....
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 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.
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.
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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