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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

FOR MAINTENANCE U/s. 125 CrPc DAUGHTER MUST PRO...

  • 2022-12-28T07:26:16

FOR MAINTENANCE U/s. 125 CrPc DAUGHTER MUST PROVE THAT SHE IS UNABLE TO MAINTAIN HERSELF: CHHATISGARH HIGH COURT The Chhattisgarh High Court at Bilaspur has observed that to seek maintenance under Section 125 CrPC, the daughter must prove that she is unable to maintain herself or has not attained majority. The Court was also apprised of the fact that the respondent-daughter is not suffering from any physical or mental abnormality or injury or is unable to maintain herself, therefore she is not entitled to maintenance under Section 125 CrPC. The Court placed reliance on the judgment of the Apex Court in the case of Abhilasha Vs. Prakash and others reported in (2020). Thus, the Court held the application filed by the respondent under Section 125 CrPC before the Family Court is not maintainable and further held that the respondent/daughter is at liberty to take recourse to Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 if so, advised for claiming maintenance against her father. Reddy & Reddy Law Firm advises its clients and prepares legal documentation for the purchase, leasing, sale, mortgage of real estate properties including commercial, industrial, agricultural and residential property. The firm also advises clients on the applicable local laws, such as stamp duties and requirements of registration. As an integral part of this area of practice, we also advise on licensing and regulatory approvals required from government and statutory agencies.

FOR MAINTENANCE U/s. 125 CrPc DAUGHTER MUST PROVE THAT SHE IS UNABLE TO MAINTAIN HERSELF: CHHATISGARH HIGH COURT The Chhattisgarh High Court at Bilaspur has observed that to seek maintenance under Section 125 CrPC, the daughter must prove that she is unable to maintain herself or has not attained majority. The Court was also apprised of the fact that the respondent-daughter is not suffering from any physical or mental abnormality or injury or is unable to maintain herself, therefore she is not entitled to maintenance under Section 125 CrPC. The Court placed reliance on the judgment of the Apex Court in the case of Abhilasha Vs. Prakash and others reported in (2020). Thus, the Court held the application filed by the respondent under Section 125 CrPC before the Family Court is not maintainable and further held that the respondent/daughter is at liberty to take recourse to Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 if so, advised for claiming maintenance against her father. Reddy & Reddy Law Firm advises its clients and prepares legal documentation for the purchase, leasing, sale, mortgage of real estate properties including commercial, industrial, agricultural and residential property. The firm also advises clients on the applicable local laws, such as stamp duties and requirements of registration. As an integral part of this area of practice, we also advise on licensing and regulatory approvals required from government and statutory agencies.

  • 2022-12-28T07:26:16

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