Wednesday, 14 June 2017

Whether Major son is entitled to get maintenance from his father?

I may refer to and rely upon a decision of the Supreme Court in the case of Amarendra Kumar Paul v. Maya Paul and others MANU/SC/1423/2009 : (2009) 8 SCC 359, wherein, the Supreme, after quoting Section 125 of the Code in para 10, observed in last part as under:
"An application for grant of maintenance, therefore, is maintainable, so far as the children are concerned, till they had not attained majority. As a cause of action for grant of maintenance would arise only in the event a person having sufficient means, neglects or refuses to maintain his legitimate or illegitimate minor child unable to maintain itself. Once, therefore, the children attained majority, the said provision would cease to apply to their cases."
24. I have also gone through the other decisions relied upon by Ms. Joshi, but they are of no avail to the petitioner in any manner.
25. In the result, this application fails and is hereby rejected. Notice is discharged.
Special Criminal Application (Maintenance) No. 5202 of 2015
Decided On: 18.03.2016
 Nitaben Dineshkumar Oza
Dineshkumar Ishwarlal Oza and Ors.
Hon'ble Judges/Coram:
J.B. Pardiwala, J.
Citation: AIR 2017 Guj 1.
Read full judgment here :Click here
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