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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
Maintenance – A child (legitimate or illegitimate) is entitled for maintenance from father before attaining age of majority.
Children are entitled to maintenance till majority unless incapacitated; Family Courts maintain distinction for claims post-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 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 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.
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 Family Court having concurrent jurisdiction under Section 125 CrPC and Section 20 of the HAMA Act may grant maintenance to an unmarried major daughter, despite a defect in the filing, to prevent mu....
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....
(1) Maintenance – Unmarried major Hindu daughter can claim maintenance from her father – However, unmarried Christian daughter who has attained majority is not entitled to claim maintenance from her ....
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