Maintenance for daughter above 18 years
3 years ago
Dear Sir/Madam, I have won 125 CrPC against my husband. I have a daughter and son, she is 19 yrs old. My son is 17 years. Our case has run for last 4 years, when my daughter was 15. Court has denied giving maintenance for my daughter. Court has referred these two decisions from Supreme court AIR2008-239 (Dimple gupta vs Rajiv kumar) and MPLJ257DB (Manoj Gautam vs Laxmi). Court has not considered the MP High court ruling 2002(5) MPHT 110 (Nirnay jasrath vs Smt Guddi) put up by my lawyer in lower court.
I need advice on following
1) How above two rulings put up by other party are related to this case of maintenance where there is no confusion about paternity.
2) Does CrPC 125 calls out in some clause that only minor children supposed to receive maintenance. Just wanted to get advice if daughter above 18 years entitled for maintenance or not and until when. I heard that court allows maintenance upto marriage for daughters.
3) Can I apply for revision of this decision in lower court itself or I need to go to high court.
This matter is run in MP district court and hindu marriage act applies here.
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Hindu Adoptions and Maintenance Act, 1956
21. Dependants defined
For the purposes of this Chapter "dependants" means the following relatives of the deceased:
(i) his or her father;
(ii) his or her mother;
(iii) his widow, so long as she does not re-marry;
(iv) his or her son or the son of his predeceased son or the son of predeceased son of his predeceased son, so long as he is a minor:
PROVIDED and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father's or mother's estate, and in the case of a great grand-son, from the estate of his father or mother or father's father or father's mother;
(v) his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried:
PROVIDED and to the extent that she is unable to obtain maintenance, in the case of a grand-daughter from her father's or mother's estate and in the case of a great-grand-daughter from the estate of her father or mother or father's father or father's mother;
(vi) his widowed daughter:
PROVIDED and to the extent that she is unable to obtain maintenance-
(a) from the estate of her husband, or
(b) from her son or daughter if any, or his or her estate; or
(c) from her father-in-law or his father or the estate of either of them;
(vii) any widow of his son or of a son of his predeceased son, so long as she does not remarry:
PROVIDED and to the extent that she is unable to obtain maintenance from her husband's estate, or from her son or daughter, if any, or his or her estate; or in the case of a grandson's widow, also from her father-in-law's estate
(viii) his or her minor illegitimate son, so long as he remains a minor;
(ix) his or her illegitimate daughter, so long as she remains unmarrie
Hindu Adoptions and Maintenance Act, 1956
22. Maintenance of dependants
(1) Subject to the provisions of sub-section (2) the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased.
(2) Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.
(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.
(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act.
Adv. Sarika Khude
Responded 3 years ago
Ayantika Mondal @ Prime Legal
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Rameshwar Dadhe
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