Back
MANISH KUMAR NIGAM
Awadhesh Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Criminal Revision No. 83 of 2024 has been filed by husband/revisionist against the judgment and order dated 26.09.2023 passed by Principle Judge, Family Court, Hathras in Case No. 656 of 2009 (Smt. Urmila and another v. Awadhesh Singh) in proceedings under Section 125 Cr.P.C. granting maintenance of Rs. 25,000/- per month to the wife Smt. Urmila and Rs. 20,000/- per month to the daughter Km. Gauri Nandini from the date of order.
2. Criminal Revision No. 5926 of 2023 has been filed by the wife and daughter against the judgment and order dated 26.09.2023 passed by Principle Judge, Family Court, Hathras in Case No. 656 of 2009 (Smt. Urmila and another v. Awadhesh Singh) in proceedings under Section 125 Cr.P.C. initiated by the wife and daughter for enhancement of the maintenance as awarded by the order dated 16.09.2023.
3. Since both the revisions are against the same order, they are being decided together.
4. Heard Sri Vishnu Bihari Tewari, learned counsel for the revisionist in Criminal Revision No. 83 of 2024 and for the opposite party in Criminal Revision No. 5926 of 2023 and Sri Ashwani Kumar Yadav, learned counsel for the opposite party in Crimina
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....
A major daughter can only claim maintenance under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956, not under Section 125 CrPC unless incapacitated.
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.
Sec.125 of the CrPC reads as order for maintenance of wives, children and parents.
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....
A father has a statutory obligation under Hindu law to maintain his unmarried daughter and cover reasonable marriage expenses, enforceable even after the daughter reaches majority.
(1) Right to get maintenance embodies sacrosanct principles of social justice.(2) Liability to maintain is continuous, enforceable, and insulated from considerations of proprietary holdings, flowing ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
