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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
G. Debendra Rao – Appellant
Versus
G. Puspa Prabha Rao – Respondent
| Table of Content |
|---|
| 1. overview of marriage and maintenance claim. (Para 1 , 2) |
| 2. family court's initial findings on maintenance. (Para 3 , 5) |
| 3. arguments related to the entitlement of maintenance. (Para 4) |
| 4. legal obligations of a father regarding maintaining unmarried daughter. (Para 6 , 7 , 8) |
| 5. analysis of legal precedents on maintenance. (Para 9 , 10) |
| 6. final judgment and confirmation of maintenance order. (Para 11 , 12) |
JUDGMENT :
1. In the instant revision, the petitioner-husband seeks to challenge the impugned order dated 23.12.2019 passed in CMC No. 52-734 of 2012-16 by which the learned Judge Family Court, Bargarh has allowed the petition filed U/s. 125 of CrPC of OP-wife and daughter for maintenance @ Rs.5,000/- each per month; total Rs.10,000/- w.e.f. 06.03.2012.
While the matter stood thus, the present OPs filed a petition U/s. 125 of CrPC against the revision-petitioner for grant of maintenance and in such petition, the present OPs have averred that the revision-petitioner is an Advocate and earns Rs.20,000/- per month, out of his profession and he also earns Rs.1,00,000/- per month from his Hero Honda showroom and Rs.50,000/- per month from house rent.
3. After having consid
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.
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.
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....
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
The duty of the husband to maintain his wife and the criteria for determining the quantum of maintenance under Section 125 Cr.P.C.
The judgment emphasizes the duty to prevent destitution and vagrancy, the need for evidence to establish income, and the balancing of interests and financial capacity in determining maintenance under....
An unmarried Hindu daughter can claim maintenance from her father till she is married under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. However, an unmarried daughter, who attaine....
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
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