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S. TALAPATRA, S. G CHATTOPADHYAY
Moutoshi Chakraborty @ Moutushi Chakraborty – Appellant
Versus
Manju Deb [chakraborty] – Respondent
| Table of Content |
|---|
| 1. appellant's status and inheritance rights clarified. (Para 2) |
| 2. critique of the family court's reasoning on maintenance claims. (Para 3) |
| 3. court's analysis on entitlement to maintenance. (Para 4 , 5 , 6) |
| 4. respondent's argument regarding alternative maintenance sources. (Para 7) |
| 5. final ruling on maintenance obligations affirmed. (Para 8) |
JUDGMENT
Talapatra, J. - Heard Mr. R.G. Chakraborty, learned counsel appearing for the appellant as well as Mr. D.C. Saha, learned counsel appearing for the respondent.
2. The appellant, namely Moutushi Chakraborty is the daughter of Narayan Chakraborty, apparently from the 'second marriage' in subsistence of the marriage of Narayan Chakraborty with Manju Deb, the respondent herein. In the proceeding being Misc.58 of 2013, for issuance of the succession certificate, it has been held that the appellant's mother, namely Smt. Karuna Chakraborty cannot claim any maintenance as she is not legally married wife of Narayan Chakraborty. But, there cannot be any dispute that the appellant has a right over the property/estate of the deceased for all purposes. Such right has been acknowledged by the court of the Civil Judge, Sr. Division, in
Dependants of a deceased are entitled to maintenance from the estate, regardless of already receiving a share, as long as the estate includes pension and has not been fully apportioned.
A widowed daughter-in-law is entitled to maintenance from her father-in-law under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, provided she proves the unavailability of other income s....
(1) Liability to maintain widowed daughter-in-law – Any widow of son of a deceased Hindu is a dependant within meaning of Section 21 (vii) of Hindu Adoptions and Maintenance Act, 1956 and is entitled....
The court affirmed that a widowed daughter-in-law's right to maintenance is prioritized from her husband's estate, conditional on her inability to support herself.
The obligation of a grand father to maintain the daughter of his deceased son is contingent upon inheritance of estate, and the court may consider the financial status of the mother in determining en....
The court emphasized that maintenance must be adequate to meet the basic needs of the wife, reinforcing the husband's obligation to provide financial support.
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.
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.
(1) Father cannot abdicate his responsibility of looking after his unmarried daughters.(2) An unmarried daughter, even if employed and earning, cannot be assumed to have sufficient resources to meet ....
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