• Maintenance case filed by my major daughter

My daughter age as on today 28 years. My divorce granted in the High court by mutual consent in the year 17.06.2006. I had given DD 200000 L in favour of daughter and it was accepted by wife as full and final settlement of her claim.Any maintainance was not given to wife as she was a govt servant. While accepting 200000 by my wife, my daughter age was 16 y 9 mo. In the high court mutual condition was 1)she has relinquished her right of maintenance for herself and on behalf of the minor child 2)She has settled all her claims and shares in the property and she will not claim any share in future on their behalf 3.Agreed that she will keep the amount in the name of the minor child and utilize the same for the welfare of the minor child. She has filed the case after a gap of 10 years after attaining Majority. Now she said in the lower court that she has not aware of 200000/- given to her. In the court she has file petition for maintenance of 10000 pm towards her higher education and other benefits applicable.She is postgraduate and can maintain herself. Now Question. 1.Whether she is applicable for maintenance 2.she said in the court that she is unaware of 200000. whether I can file a case for refund of 200000. 3)Is there any point or act for dismissing of this case 4) whether daughter can file case to get my terminal benefits which I am going to get after my retirement next year. Kindly advise how to dismiss the case
Asked 6 years ago in Family Law
Religion: Hindu

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5 Answers

1. Legal right can never be waived.

2. So the statement of wife in MCD has no value and right of maintenance for wife or children can not be relinquished by agreement.

3. So if your daughter now takes plea that she did not receive 20l or the money has been finished ,you are liable for her maintenance till the date she gets married.

4. no one has share in retirement benefit during your lifetime.

5. No case of refund can be filed .

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Daughter is highly qualified and can maintain herself

2) further sum of Rs 2 lakhs was paid to wife in full and final settlement to wife and she relinquished right for maintenance for herself and daughter

3) daughter until she is working or married is entitled for maintenance from her father

4) court may not award her any amount as maintenance

5) she would not get share in your terminal benefits

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Section 20 of Hindu adoption and maintenance act imposes an obligation upon the parents –mother and father, both equally to maintain the children S.20(2) of HAM ACT lays down that the children are entitled to maintenance during their minority. This right of maintenance for the daughter is extended till she gets married.

Since your daughter is highly qualified she can work and maintain herself

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. If your daughter is unmarried then she is entitled for maintenance from you till the date of her marriage.

The amount taken by your wife in the name of your daughter and reportedly not given to her may be an act of cheating but you cannot do anything about it at this stage since it is barred by limitation.

2. You cannot ask for refund at this stage since it is barred by limitation.

3. Legally you cannot repudiate the claim because you cannot disown the responsibility towards your unmarried daughter.

You have divorce only your wife, but will not in any way entitle you to legally disown your child, this is your blood relation which cannot be avoided

4. She is entitled for maintenance allowance from you.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello,

1) Your daughter is not eligible for any maintenance from you for reasons that she is well educated and employable if not employed.

2) The law is that the major daughter can claim maintenance if sh is unable to maintain herself and is unmarried and therefore to resist the petition you need to prove the contrary in the court.

3) As you have proof to show that you had paid Rs.2,00,000/- towards a one time maintenance payment towards the then minor daughter to the custodial mother, you can hold her liable and make her party if she is not a party.

4) She can not stake a claim on the terminal benefits that will accrue to you after retirement; however this will help prove your ability to pay. Therefore you have to defeat the maintenance claim.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

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