PANKAJ PUROHIT
Anshu Gupta – Appellant
Versus
Adwait Anand @ Devansh – Respondent
JUDGMENT
Pankaj Purohit, J.—This revision is directed against the judgment and order dated 30.03.2013, passed by learned Judge, Family Court, Udham Singh Nagar, whereby the petition made by the minor son of the revisionist for maintenance under Section 125 Cr.P.C. was allowed partly and the revisionist (mother of respondent-minor) was directed to pay a sum of Rs.2,000/- as maintenance to the respondent-minor from the date of filing of the petition for maintenance till the respondent-minor attained majority.
2. The petition for maintenance was filed on 25.03.2011 by the respondent-minor through his natural guardian against the revisionist-mother in the court of learned Judge, Family Court, Udham Singh Nagar, which was registered as Miscellaneous Criminal Case No.73 of 2011, Adwait Anand @ Devansh vs. Smt. Anshu Devi, under Section 125 of Cr.P.C.
3. The facts of the case, as reflected from the petition moved by the respondent-minor through his natural guardian-father are that respondent is son of the revisionist and Nathu Lal, who was born on 06.12.2000, out of the wedlock of revisionist and Nathu Lal, who were married on 07.05.1999, as per Hindu Rites and Rituals. On 23.09.2006, the
Maintenance – Liability to maintain a minor child is always on “any person” – “Person” would include both male and female.
Maintenance – Liability to maintain a minor child is always on “any person”—“Person” would include both male and female.
Point of law: Grant of interim maintenance - Monetary relief granted under section 125 Cr.P.C. shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved....
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.
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....
The main legal point established in the judgment is the maintainability of a maintenance petition filed by a petitioner for herself and on behalf of her minor brother, and the exercise of suo motu po....
The obligation of a father towards his children does not cease when the child attains majority if the child is not able to sustain himself.
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.
The main legal point established in the judgment is the consideration of financial resources, liabilities, and social status in determining maintenance under Section 125 of the Code.
Proceeding under Section 125 Cr.P.C. is available to revisionist once she had taken resort to proceeding under Section 125 Cr.P.C.
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