It will resume at the stage at which it was dismissed 

2) it depends upon reliefs claimed . It would be from date of application till she completes her studies 

1. Once the court allows the restoration petition then the case will continue from the previous stage.

2. She is eligible for maintenance hence if court is allowing her petition for maintenance then it will be from the date of petition, therefore automatically the arrears of maintenance amount should be paid. She shall be entitled until she gets married.A father is legally and religiously obligated to maintain his daughter until she gets married. Unlike a son (whose maintenance usually stops at the age of majority/puberty), a daughter’s right to maintenance persists as long as she remains unmarried and does not have her own means of income.

If it’s dismissed for default then same stage it will begin at which it got disposed 

1) Restoration petition effect:
If the restoration petition is allowed, the case will typically resume from the stage immediately before dismissal, not begin afresh. The dismissal was for default (non-appearance/procedural lapse), not on merits. Once the court sets aside the dismissal order, the original maintenance petition is revived, and proceedings continue from where they were interrupted—e.g., evidence or arguments already recorded remain on record. However, if the court imposes costs or conditions, those must be complied with. The mother’s presence at the earlier hearing does not cure the advocate’s negligence, so restoration is strongly advisable.

2) Maintenance during restoration and after studies:
Under Muslim Personal Law, a daughter is entitled to maintenance from her father until she marries, provided she is unmarried and has no independent means. Her brother’s income is not her income, so his job is irrelevant. If restoration succeeds, the court may grant arrears from the date of filing (June 2024) onward. Even if she completes her B.Tech during the restoration proceedings, she remains entitled to maintenance until marriage, not just till studies end. The father’s substantial resources and concealment of income will work in her favour.

We have considered your query regarding restoration of the maintenance petition and the rights of the daughter.
At the outset, since the matter has been dismissed for default as “uncontested,” the appropriate remedy is to file a restoration application before the same court explaining sufficient cause for non-appearance. If the court is satisfied, it will restore the case.
Upon restoration, the case does not begin entirely afresh. It is generally restored to the stage at which it was dismissed, and proceedings continue from that point, subject to the court’s directions. However, the court may permit fresh pleadings or evidence if required in the interest of justice.
As regards maintenance, under Muslim law, the position is slightly nuanced. While traditionally a father’s obligation to maintain children is limited till they attain majority, courts have increasingly recognized that a daughter who is unmarried and pursuing education may be entitled to maintenance, particularly where she is unable to maintain herself and the father has sufficient means.
If the restoration is allowed and the case succeeds, the daughter may claim arrears from the date of filing of the petition, i.e., June 2024, subject to the court’s discretion. Courts often grant maintenance from the date of application rather than the date of order.
However, maintenance is generally granted till the daughter becomes self-sufficient or gets married, whichever is earlier. If she completes her education and becomes capable of earning, the court may limit maintenance up to that stage.
Regarding the son, his potential employment will not be treated as income of the daughter, and it does not dilute the father’s independent legal obligation towards her.
The father’s claim of being jobless is not decisive. Courts look at overall financial capacity, assets, and standard of living, not merely declared income. If he has substantial resources, the court can still direct payment of maintenance.
In conclusion, your immediate priority should be to ensure that the restoration application is properly drafted with sufficient cause. If restored, the daughter has a reasonable claim for maintenance and arrears, at least for the period she remains dependent and pursuing her education.
Please feel free to reach out if you require assistance in drafting the restoration application or pursuing the matter further.

If the restoration is allowed, the Family Court will generally revive the same case, not make you start a brand-new trial; this follows because Family Courts apply CPC procedure to such proceedings, and Order IX Rule 9 restores a matter dismissed for default.

On merits, an unmarried Muslim daughter’s claim is generally not cut off merely because she turned 18; the Supreme Court has recognized that, in the case of daughters, maintenance can continue till marriage. So arrears can be sought from the date of filing for the eligible period, subject to the court’s final order. A brother’s future job is not the daughter’s own income and should not by itself defeat her claim.

Sir/Madam,

it is informed here after 18 years of age, son is not entitled for maritenance. The daughter may be granted maintenance till her marriage and for studies. Once your moved to High for restoration of the case, it will be resumed from the stage from where it was closed. 

Dear Client, 

Since the petition is under Section 2 of the Muslim Personal Law (Shariat) Application Act, the maintenance issue is governed by the Muslim Personal Law. In a Family Court, Section 10 applies the CPC procedure subject to the Act and where a matter is dismissed for default, the normal revival route is Order IX Rule 9 CPC. If the restoration petition is allowed, the original maintenance case is generally revived on the same file and continues from the stage where it was dismissed. The Muslim Law obliges a father to maintain his unmarried daughter. The maintenance can include education expenses and even reasonable marriage expenses and that the entitlement is available only to an unmarried daughter who has no means of her own and only against a father who has means. The brother’s future job is ordinarily not treated as the daughter’s income unless the daughter is actually being maintained by him in a way that makes her self supporting. If she finishes B Tech while the restoration is pending, the completion by itself does not automatically end the claim. Maintenance can include educational expenses and that the obligation continues for an unmarried daughter who lacks means of her own. If she becomes employed or otherwise self supporting, the father can argue for modification or termination from that point. Whether the arrears run from the date of filing or from some later date is something the Family Court will decide in its final order. The Indian law allows the court to make maintenance payable from the date of application if so ordered, not only from the date of order. So, it is suggested to seek maintenance from the filing date and for arrears accordingly. I hope this helps. In case of queries, please feel free to reach out. 

Thank You.