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BOMBAY HIGH COURT - BENCH AT GOA
M. S. JAWALKAR, J
SMITA MAHENDRA HALARNKAR & ANOTHER – Appellant
Versus
MAHENDRA TUKARAM HALARNKAR – Respondent
| Table of Content |
|---|
| 1. legal framework for maintenance claims post-majority. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding ongoing entitlement to maintenance after majority. (Para 6) |
| 3. rights of daughters under personal law. (Para 7 , 10) |
| 4. counsel's submissions on personal law and education. (Para 8 , 9 , 11) |
| 5. statutory interpretations align with personal law. (Para 12 , 14 , 19) |
| 6. jurisdiction to hear maintenance cases under portuguese civil code. (Para 18) |
| 7. order allows case to be reconsidered without prior limitations. (Para 22) |
| 8. court's final decision on the revision application. (Para 24 , 25) |
ORDER:
The present Criminal Revision Application is filed under Section 397 of the Code of Criminal Procedure, 1973 ( Cr.P.C ., for short) against the impugned order dated 04.05.2021 passed by the learned Additional Sessions Judge, Mapusa in Criminal Revision Application No. 13 of 2021. By the impugned judgment, the learned Additional Sessions Judge has set aside the order dated 14.01.2020, passed by the Judicial Magistrate First Class, Bicholim in Case No. MTA/1/2019/A, granting interim maintenance of ₹10,000/- to respondent no. 1 (applicant no. 1 herein) towards educational expenses.
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