Chattisgarh High Court
Ramkumar Badge vs Kumari Aayushi Badge on 2 February, 2023
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No. 98 of 2023
Ramkumar Badge S/o Shri Keshavram Badge, Aged About 55 Years,
Occupation - Government Service (Executive Engineer at Public
Health Department), R/o Above Composite Building, Police Station
Civil Lines Bilaspur, Tahsil and District : Bilaspur, Chhattisgarh
---- Petitioner
Versus
1. Kumari Aayushi Badge D/o Shri Ramkumar Badge, Aged About 20
Years, R/o D-24, Gali No.11, Savitri Nagar, Behind Station, Raigarh
Tahsil and District : Raigarh, Chhattisgarh
2. Kumari Khyati Badge D/o Shri Ramkumar Badge, Aged About 19
Years, R/o D-24, Gali No.11, Savitri Nagar, Behind Station, Raigarh
Tahsil and District : Raigarh, Chhattisgarh
---- Respondents
For Petitioner : Mr. Abhishek Saraf, Advocate.
Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02-02-2023
1) This petition has been filed against the order passed by the Family Court Raigarh in Civil MJC No.F12/2022 dated 14-10- 2022 wherein and whereby the objection filed by the petitioner has been rejected.
2) The case is like that the respondents daughters filed a case for grant of maintenance under Section 20 of Hindu Adoption and Maintenance Act, 1956 before the learned Family Court Raigarh. The petitioner who is father of the respondents filed objection to the effect that earlier a compromise order was passed in Lok Adalat in a proceeding which was drawn by the respondents under Section 125 of the Cr.P.C. and at present the respondents cannot overreach the conditions imposed in that compromise Page 2 of 2 order.
3) The learned Family Court held that after attaining majority the respondents (daughters) have right to prefer application for grant of maintenance as they are prosecuting their studies in higher classes and it is not possible for them to maintain their expenses in Rs.6000/- each.
4) I have heard the counsel for the petitioner and perused the documents annexed. The respondents had entered into compromise before Lok Adalat to get maintenance of Rs.6000/- each. After attaining majority they have filed application under Section 20 of Hindu Adoption and Maintenance Act, 1956, which provides for grant of maintenance to major daughters. The learned Family Court after appreciating arguments of the petitioner has rightly rejected his objection. Therefore, I do not find any illegality or infirmity in the finding recorded by the learned Family Court and consequently, this petition is dismissed. However, the petitioner shall be at liberty to take all defence available to him under the law before the learned Family Court.
Sd/-
(Rakesh Mohan Pandey) Judge Aadil