AI Overview...
Major Son and Daughter Not Entitled to Maintenance of High Court of Jammu and Kashmir
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Legal Position on Maintenance for Major Children
Major sons are generally not entitled to maintenance from their parents after reaching majority, unless suffering from physical or mental abnormalities or injuries. The courts have held that maintenance is only payable up to the age of majority unless exceptional circumstances exist.
References: Showkat Aziz Zargar VS Nabeel Showkat - Jammu and Kashmir, which discusses the entitlement of major children to maintenance and the conditions under which they may claim it. -
Entitlement of Minor Children and Special Cases
Minor children, including daughters, are typically entitled to maintenance from their parents. The law recognizes the obligation of parents to maintain minor children, including daughters who are unmarried and staying away from their parents without justified reasons.
References: Muhammed Shaji, S/o. Hydrose Kunju VS State Of Kerala - Kerala, which states that an unmarried Muslim daughter staying away from her father without justified reasons is not entitled to separate maintenance, implying that minor daughters generally have maintenance rights. -
Legal and Judicial Precedents
The courts have consistently emphasized the importance of substantial justice and have dismissed petitions where neglect or lack of justification for staying away from parents is proved. The courts also recognize the right of minor children to maintenance, whereas major children’s claims are limited unless specific conditions are met.
References: Mohd. Aslam VS Ruksar Aslam - Jammu and Kashmir, which discusses the court’s obligation to do substantial justice and the neglect of the daughter by the petitioner. -
Other Related Insights
- The law differentiates between minor and major children regarding maintenance rights.
- Daughters, especially unmarried ones, are generally entitled to maintenance unless they have valid reasons for staying away.
- The entitlement of children to maintenance may also depend on their age, health, and circumstances.
References: State of Gujarat VS Shivarjsinh Harishchandrasinh - Gujarat, discussing coparcenary property and the rights of children in partition, indirectly relevant to maintenance considerations.
Analysis and Conclusion
In the context of Jammu and Kashmir law, major sons and daughters are not automatically entitled to maintenance after reaching majority. Maintenance rights are primarily extended to minors and under specific conditions such as incapacity or illness for major children. Daughters, particularly unmarried ones, may claim maintenance if they are staying away without justifiable reasons, but this is subject to judicial scrutiny. The courts aim to balance justice with legal provisions, emphasizing the responsibility of parents towards minor children and limiting claims from major children unless exceptional circumstances exist.
References:
- Showkat Aziz Zargar VS Nabeel Showkat - Jammu and Kashmir
- Muhammed Shaji, S/o. Hydrose Kunju VS State Of Kerala - Kerala
- Mohd. Aslam VS Ruksar Aslam - Jammu and Kashmir
- State of Gujarat VS Shivarjsinh Harishchandrasinh - Gujarat
Search Results for "Major Son and Daughter Not Entitled to Maintenance of High Court of Jammu and Kashmir"
2017 0 Supreme(J&K) 1064 • India - Jammu and Kashmir
SANJAY KUMAR GUPTA
Court to do substantial justice - High Court cannot examine evidence as to whether proceeding or order passed by court below was ... quashment of judgment/order - Obligation to maintain respondent - Petition petitioner solemnized marriage wedlock two sons and one daughter ... right or wrong - There is concurrent finding of two courts below petitioner has neglected her daughter - Petition is dismissed/ ... In the present case, petitioner herein has admitted that respondent is his #HL_ST....
2022 0 Supreme(J&K) 274 • India - Jammu and Kashmir
SANJAY DHAR
The petitioner contended that the major sons are not entitled to maintenance from him after attaining majority. ... major son is entitled to claim maintenance only if he is suffering from any physical or mental abnormality or injury. ... It held that a major son is entitled to claim maintenance from his father only up to the age of majority, unless he is suffering ... The legal i....
2018 0 Supreme(Guj) 448 • India - Gujarat
J.B.PARDIWALA
partition, whether minor or major – A son begotten at the time of partition, but born after partition, is also entitled to a share ... Hindu Law – Partition – Only property that can be divided is a coparcenary property – Every coparcener is entitled to a share upon ... to get partition reopened and share allotted to him – No female is a member of coparcenary, therefore, no female is entitled to ... Living Media Indian Ltd. and another [AIR 2012 SC 1506] ... (2) State of Jammu and #HL_S....
2023 0 Supreme(Ker) 217 • India - Kerala
ALEXANDER THOMAS, ZIYAD RAHMAN A. A.
unmarried Muslim daughter, who is staying away from her father, is not entitled to separate maintenance. ... from petitioner (father) and she has not urged any reasons as to justify her staying away from her father and hence, she is not entitled ... Code of Criminal Procedure 1973 – Section 482, 125, (1)(c) - Kerala High Court Act, 1958 – Section 3 - Muslim ... & Kashmir. ... The husband filed a Revision Petition b....
2010 0 Supreme(Del) 943 • India - Delhi
J.R.MIDHA
The deceased was survived by his widow, one minor son, one minor daughter, and parents. ... Finding of the Court: The court found that the claimants were entitled to compensation under the Motor Vehicle Act, ... the claimants were entitled to compensation under the Motor Vehicle Act, 1988. ... The Jammu and Kashmir High Court held as under: ... 43. ... I am in respectful agreement with the view of the J....
1987 0 Supreme(Ker) 56 • India - Kerala
SUKUMARAN
Finding of the Court: The court found that the husband had the capacity to pay the maintenance and dismissed the legal ... The court below found the husband had the capacity to pay the maintenance and a duty to maintain was also found. ... The court dismissed the contention that the section only refers to the spouse and not the children, following the decision in Damodaran ... Jammu and Kashmir. Patna and Orissa High#HL_....
1977 0 Supreme(J&K) 5 • India - Jammu and Kashmir
I.K.KOTWAL
widowed mother, brother, daughter, and son. ... Kashmir and driven by its employee Janardhan Singh. ... in the affirmative and Issue No. 4 is pro‐ved in the negative, what is the amount of damages, if any, to which the plaintiff is entitled ... Dawarika Nath has proved the original agreements between the Saddar-i-Riyasat of Jammu & Kashmir and the President of India which are exhibited as Ex. D.W./l, Ex. D.W./2, Ex. D.W./3 and Ex. D.W /4. This agreement pertains to lending of vehicles....
2013 0 Supreme(Ker) 434 • India - Kerala
V.K.MOHANAN
of Women from Domestic Violence ACT, 2005, Sections 2(q) and 2(a) - Respondent under section 2(q) of the act includes wife and daughter ... ... (2) It extends to the whole of India except the State of Jammu and Kashmir. ... (3) It shall come into force on such date* as the Central Government may, by notification in the Official Gazette, appoint.” ... Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation. ... the spouses....
2020 0 Supreme(J&K) 16 • India - Jammu and Kashmir
SANJEEV KUMAR
Constitution Of India, 1950 - Article 136 - Jammu and Kashmir Combined Competitive Examination Rules, 2008 ... amongst candidates short listed for viva voce and they too were short listed in terms of sub rule Examination Rules - They did not ... short listed for interview - Finding that candidates three times number of vacancies reserved for category of Scheduled Tribe had not ... Courts have held that such litigants are neither entitled to be heard on the merits of the case nor entitled#HL_EN....
2015 0 Supreme(J&K) 341 • India - Jammu and Kashmir
BANSI LAL BHAT
liable for the deaths caused by the uncontrolled escape of high voltage electric energy. ... Finding of the Court: The court found that the defendants were negligent in maintaining the transmission lines, leading ... The trial court decreed the suit and awarded compensation to the plaintiffs. ... Electrification, Jammu. ... The legal position being settled by Hon'ble Supreme Court of India as also by this Court in its various decisions that anyone generating, transm....
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