daughter's right to ask maintainance from father


Greetings & respect to all forum members. I'm from mumbai & new here & wish to seek relief from the problem i'm facing in my life due to my parents' divorce. My parents divorced with mutual consent in 2008 after a bitter marriage. My dad gave a lumpsum amount of 8L as maintainance to mum & gave my whole & sole responsibility to her. This decree was passed & divorce was granted when i was still a minor. Now i'm a major & gave my final year b.com exams this year & want to pursue law. I'm already studying for CA as well but i'm facing severe financial & residential problems which is a big hindrance to my education plans. There's no support from the family of my mother who supported me till now as they do not wish to educate me further. Under such circumstances can i file a case against my father for my education & maintainance costs? If so what details of my father do i need to know & what points will be considered by the court? My father is a high court advocate since ten years & has not re-married. My mother is a housewife. What points can he possibly state to strengthen his case against mine so that he can avoid my responsibility? What precautions or steps do i have to take to get best possible relief at the earliest?? I'm really confused & tensed. Any help with be greatly appreciated so i can start doing the needful right away & not put my educational life in danger.
 
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Freedom

As you are Major there is no provision for you to claim maintanence through law . since as per law only if a person is  suffereing from any physcial or mental abnormality after she has turned a major than only you could have asked for maintanence . The only recourse  would be to approach your father and see if he is willingly to help you for your education . 


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Thank you stanley. I did speak to my father stating my problems but he flatly refused to discuss anything about me henceforth which has sadly left me with no option but to ask for help from law. I got an advice from the expert who suggested that a petition can be filed under hindu minority & guardianship act. Maybe i could try?? If the petition is accepted, the only problem might be the time taken by the court to arrive at the decision. I'd be happy to get any other advice or suggestion to avoid the court or even to get a speedy relief.
 
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Advocate

@pujaji,

The law is clear in express terms that a child after attaining the majority cannot claim maintenance from parents.  But I am quite confident that court (Specially High court ) will come to your rescue and give a direction to your father to provide your educational and other expenses (if he is in a position to afford that) till you acquire your professional qualification.  As you said that your father is an High Court advocate, the courts know how to extract the result by using its good offices.  The two grounds that require to be put in your petition are that acceptance of Rs.8.00 lakh lumpsum compensation  was a miscalculation from your mother side to give MCD.  She calculated your daily expenses and the expenses to be incurred to obtain basic academic degree till you attain 18.  Further, she being housewife calculated her daily expenses till her last day. With her medieval mindset she missed the ever changing world and a girl's requirements in 21t century.  In this competitive world, mere basic degree will not put you to get decent job.  So, professional qualification is required to go on in this world and it is the responsibility of the father and mother.  As you did not have any saying when this absurd Rs.8.00 lakhs maintenance was reached for you and your mother, now you ask for revision of that amount.  You will certainly succeed in your efforts and the High Court will help you.

But you have to reach the High court through lower courts.  so engage a good advocate to challenge the Rs.8.00 lakh compensation in lower court.    


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Freedom

Court processes are lenghty and cumbersome so dont expect anything speedy .you can give it a try !! 

 
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Thank you so much Adv. Chandu. I perfectly understood what you mean & appreciate your advice. I'l try to get a good advocate just like you & a draft a similar petition. I'm sure the court will consider my genuine plea. Yes, stanley, you're right. Time is the biggest factor that can work against me. I've tried all possible efforts to maintain good relations with my dad & tried to convince him for my educational needs but he has never cared & still is not caring & if i compromise on my educational rights i will land into a messier situation. I'l give it a try. Thank you experts for your time & advice. I certainly wish to rejoin here as an esteemed lawyer just like you surpassing all my obstacles. Wish me luck :)
 
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there is high court judgment that under section 125 of Cr. P.c. daughter is entitiled for maintennance till she does not marry. for further call 9 8 7 0 4 9 7 8 7 9


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Freedom

Dear Ravi , 

Could you please post the judgement 

 
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Manager

Hi Puja, 

Being female you are dependant of your father till your marriage or having good job. You may ask to your father to fulfil your demand of education. If your father refuses you may file application in civil court child maintenance and adoption act. You will succeded.


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Hi Satya, Thanks for your reply. I'm bit confused regarding the court in which i should file the petition. Should it be under the civil law--child adoption & maintenance act? Or is it under the hindu minority and guardianship act?
 
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