മാതാപിതാക്കളെ സംരക്ഷിച്ചില്ലെങ്കില്‍ മരുമക്കള്‍ക്കും ഇനി അഴിയെണ്ണാം,മക്കള്‍ക്കും മരുമക്കള്‍ക്കുമൊക്കെ മാതാപിതാക്കളെ നോക്കിയേ മതിയാകൂ അല്ലെങ്കില്‍ അഴി തന്നെ

മാതാപിതാക്കളെ സംരക്ഷിച്ചില്ലെങ്കില്‍ മരുമക്കള്‍ക്കും ഇനി അഴിയെണ്ണാം,മക്കള്‍ക്കും മരുമക്കള്‍ക്കുമൊക്കെ മാതാപിതാക്കളെ നോക്കിയേ മതിയാകൂ അല്ലെങ്കില്‍ അഴി തന്നെ

https://youtu.be/QQAEUfEjs2M

Maintenance to daughter: Supreme Court has taken age as a factor for enhancement [Read the Order]

Supreme Court has enhanced the maintenance amount of a daughter considering her age. The order was passed by a three judges bench in the case titled ANIRBAN GHOSH vs SANCHITA GHOSH on 03.12.2019.

Supreme Court observed and held as under:

"We have heard Mr. Ashim Kr. Banerjee, learned senior counsel appearing for the appellant, who has submitted that in compliance of Order dated 05.10.2018, the appellant is regularly paying the maintenance of Rs.15,000/- to the daughter every month either by way of Demand Draft or by way of Cheque.

Since the daughter is stated to be aged about 16 years, in modification of Order of this Court dated 05.10.2018, we direct the appellant to pay the maintenance of Rs.20,000/- (Rupees Twenty Thousand) per month to the daughter, instead of Rs.15,000/- as ordered earlier, in the same manner, either by way of RTGS or by way of Demand Draft/Cheque, until further orders from this Court. In case of any difficulty, the appellant is at liberty to make a mention".

Read the Order here:

Wife is entitled for current market value if husband fails to return the ornaments [Read the SC Order]

Supreme Court in the case titled as Priya Prabhakaran vs D Santhosh Kumar on 06.12.2019 has held that if husband fails to return the gold items to wife, he has to pay the value of the gold on the date when repayment is made and not in respect of the date of application filed by the wife.

Supreme Court observed and held as under:

"The main issue which falls for determination in the present appeal is whether the High Court was justified in modifying the order of the appellate court by restricting the value of fifty one sovereigns of gold at Rs 4,59,000, the value which was quantified on the date of the filing of the application.

Having heard Mr V Shekhar, learned Senior Counsel appearing on behalf of the appellant and Mr Joseph Aristotle S, learned counsel appearing for the respondent and Mr.Nishe Rajen Shonkar, learned counsel for the State, we are of the view that there was no justification for the High Court to modify the order which was passed by the first appellate court.

The appellant sought the return of her gold ornaments weighing fifty one sovereigns and, in the alternative, the money equivalent which was quantified at Rs 4,59,000 on the date of the filing of the application.

Read also : Maintenance to daughter: Supreme Court has taken age as a factor for enhancement [Read the Order]

The Trial Court did not grant the relief which was sought but in appeal the Additional District and Sessions Judge correctly directed the return of fifty one sovereigns of gold or, in the alternative, the equivalent of their current market value.

The order of the High Court directing the first respondent to pay an amount of Rs 4,59,000 which was the value in 2008 will result in a miscarriage of justice.

If the first appellant cannot have the return of the fifty one sovereigns of gold in her possession she is entitled to the refund of the value of the fifty one sovereigns on the date of the repayment. Mr Shonker has placed on record the applicable rates for gold which are not in dispute. The value of fifty one sovereigns (equivalent to 480 gms) works out to Rs 15,25,920".

Read also : Abandonment or Abuse of Parents/Senior Citizens to be made a Punishable Offence, [Read the Bill]

Unmarried daughter who is above 18 can claim maintenance from father: High Court

An unmarried daughter is entitled to claim maintenance from her father even after attaining the age of 18 if her parents are divorced or estranged, the Bombay High Court has ruled.

Also, a woman can file an application on behalf of her major daughter to seek maintenance, Justice Bharti Dangre ruled yesterday.

Till the time the children were minors, their father paid a monthly maintenance for each child to their mother.

However, after the daughter crossed 18 years of age, the father refused to pay maintenance for her.

ADVERTISEMENT

Her mother, in her petition in the high court, claimed that though her daughter had attained majority, she was still financially dependent on her as she was pursuing higher education.

The woman also said that her two sons were not in a position to help out, as one of them was repaying his education loan and the other was yet to get a job.

ADVERTISEMENT

The woman, who is getting a monthly maintenance of Rs 25,000 from her husband, sought additional Rs 15,000 for the daughter.

The family court rejected her plea, saying that under section 125 (1) (b) of the Code of Criminal Procedure (CrPC), maintenance is to be paid only for minor children.

Justice Dangre said in her ruling that as per the CrPC a major child is entitled for maintenance only if he or she is not able to maintain herself or himself due to any physical or mental problem.

But past judgements of Supreme Court and high courts have held that an unmarried major daughter can also seek maintenance if she is not financially independent (even if she doesn't suffer from any disability), the judge noted.

She directed the Principal Judge of the family court to consider th