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
Maintenance for daughter got disposed
The parents were divorced in 2019. The father had been providing maintenance to both children (son and daughter) from 2013 until they attained 18 years of age. After that, maintenance was stopped. In 2023, the daughter joined for Btech in a private college and filed the case in June 2024 seeking maintenance under the Muslim Personal Law (Shariat) Application Act, 1937.Till now no maintenance has been passed. She is currently in 6th semester. The elder brother is now seeking job. If he gets a job will that be considered as income for the daughter? The son had not filed any petition for continuation of maintenance. The father has substantial financial resources, including funds released by court orders at various stages of an ongoing patrimony dispute filed by the mother which is presently pending before the High Court.He has shown himself as jobless from the beginning. During the proceedings in the maintenance case in the lower family court, due to lapses on the part of the local advocate (who sent a junior and did not properly inform or represent but mother was present), the matter was dismissed with the status: “Case Disposed – Uncontested – Dismissed for Default." We are filing restoration petition if filed 1)will the case resume from the stage at which it was dismissed, or will it begin afresh from the initial stage of trial? 2)In the event that the daughter completes her studies during the pendency of restoration proceedings will she get the arears from the starting when the case was filed till the time, she gets married or will she be getting maintenance till her studies end. Kindly advice
Asked 3 hours ago in Family Law
Religion: Muslim
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4 Answers
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.
