Case Note & Summary
The matter pertained to two family court appeals arising from a common judgment of the Family Court, Mumbai. The husband had filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, which was dismissed, and the wife had filed a petition for maintenance under Section 18 read with Section 20 of the Hindu Adoptions and Maintenance Act, 1956, which was partly allowed, directing the husband to pay Rs. 40,000 per month as maintenance and to repay the education loan taken by the major daughter for pilot training. The husband challenged both orders. During the hearing, the husband’s counsel conceded the maintenance quantum and pressed the appeal only against the direction to repay the daughter’s loan, arguing that the wife lacked locus standi to claim maintenance on behalf of a major daughter. The respondent wife contended that the husband had admitted his readiness to repay the loan in his evidence and that the technical objection would only multiply proceedings. The court framed the moot question whether a mother can seek maintenance for a major daughter. It held that under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, a father is obliged to maintain an unmarried daughter who is unable to maintain herself, regardless of majority. The mother, with whom the daughter resided and who was maintaining her, had the locus to claim such maintenance. The court further noted that the husband’s unconditional admission before the trial court to repay the loan bound him, and he could not resile from that undertaking. Reliance was placed on the precedent in Madhavi Ramesh Dudani v. Ramesh K. Dudani. The appeal was dismissed, and the Family Court’s direction to repay the loan was upheld.
Headnote
A) Hindu Law - Maintenance - Obligation to maintain unmarried daughter - Section 20(3) of The Hindu Adoptions and Maintenance Act, 1956 - The father is obligated to maintain his unmarried daughter who is unable to maintain herself out of her own earnings or other property, even if she is major; the mother can seek such maintenance on behalf of the daughter in a petition under Section 18 read with Section 20 - Held that the wife has locus to claim maintenance/repayment of loan for the major daughter, as she was residing with and being maintained by the mother; the technical objection of locus is not tenable (Paras 13-14).
B) Evidence - Admissions - Binding nature of admission in pleadings - Section 18 of The Hindu Adoptions and Maintenance Act, 1956 - The father had unconditionally admitted before the Family Court that he was ready to repay the loan amount taken by his daughter for pilot training - Held that he cannot resile from this admission; the direction to repay the loan amount was based on his own admission and no interference is warranted (Paras 10, 12).
Issue of Consideration
Whether the wife can seek relief of maintenance for and on behalf of her major daughter under Section 18 read with Section 20 of The Hindu Adoptions and Maintenance Act, 1956?
Final Decision
The appeal was dismissed. The direction of the Family Court to repay the daughter's loan amount is upheld. The court held that the wife has locus to claim maintenance for the major unmarried daughter under Section 20(3) of the Hindu Adoptions and Maintenance Act, and the appellant's admission to repay the loan binds him.
Law Points
- Maintenance of unmarried daughter unable to maintain herself under Section 20(3) of Hindu Adoptions and Maintenance Act
- 1956
- Mother's locus standi to claim maintenance on behalf of major daughter
- Admission of father to repay loan binding
- Hypertechnical objections not tenable
Case Details
2011 LawText (BOM) (08) 83
Family Court Appeal No. 36 of 2011 with Family Court Appeal No. 38 of 2011 with Civil Application No. 73 of 2011
A.M. Khanwilkar, R.Y. Ganoo
S.I. Jayakar, Veena Gowda
Vijaykumar Jagdishrai Chawla
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Nature of Litigation
Appeal against Family Court order directing husband to pay maintenance of Rs. 40,000 per month and repay daughter's education loan; challenge confined to loan repayment direction on ground of locus standi.
Remedy Sought
Appellant-husband sought to set aside the direction to repay the loan amount taken by his major daughter for pilot training, arguing that the wife had no locus to claim such relief.
Filing Reason
The Family Court had directed the husband to repay the loan taken by the daughter, which the husband challenged as being beyond the purview of the wife's maintenance petition.
Previous Decisions
Family Court, Mumbai in Petition No. C-87/2008 partly allowed the wife's maintenance petition, directing the husband to pay Rs. 40,000 per month and repay the daughter's loan; the husband's divorce petition was dismissed.
Issues
Whether a wife can claim maintenance on behalf of her major unmarried daughter under Section 18 read with Section 20 of the Hindu Adoptions and Maintenance Act, 1956?
Whether a father's admission in evidence to repay his daughter's loan for education is binding and can form the basis of a court order?
Submissions/Arguments
Appellant: The respondent-wife had no locus to file a petition for maintenance on behalf of the major daughter; the daughter could file her own petition.
Respondent: The appellant had unconditionally admitted his readiness to repay the loan in his evidence; the mother was maintaining the daughter and had the right to claim such maintenance; the technical plea would lead to multiplicity of proceedings, as held in Madhavi Ramesh Dudani v. Ramesh K. Dudani.
Ratio Decidendi
Under Section 20(3) of The Hindu Adoptions and Maintenance Act, 1956, a father is obligated to maintain his unmarried daughter who is unable to maintain herself, irrespective of her age. The mother, with whom the daughter resides and who is maintaining her, has the locus standi to file a maintenance petition on behalf of such daughter. An unconditional admission by the father in his evidence to repay the daughter's loan for education is binding and can form the basis of an order to repay, and he cannot later resile from such admission.
Judgment Excerpts
The sole ground urged by the Counsel for the appellant, is that, the respondent had no locus to file application for maintenance for and on behalf of her daughter Shraddha who had already become major in August 2005.
The moot question is; whether the wife can seek relief of maintenance for and on behalf of her major daughter/son. Admittedly, the petition filed by the respondent before the Family Court was one under Section 18 read with Section 20 of The Hindu Adoptions and Maintenance Act, 1956.
Sub-section (3) of Section 20, however, is in the nature of exception which provides for the obligation of a person to maintain his or her daughter who is unmarried and is unable to maintain herself out of her own earnings or other property.
Procedural History
1. The parties married on 12th November 1986, and had two children, daughter Shraddha (born 15 August 1987) and son Siddhesh (born 26 April 1990). 2. They separated in 1999. 3. The husband filed Petition No. A-680/2001 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, which he later withdrew. 4. On 13 September 2007, the husband filed Petition No. A-2320/2007 for divorce on grounds of cruelty and desertion under Section 13 of the Hindu Marriage Act. 5. On 23 April 2008, the wife filed Petition No. C-87/2008 for maintenance under Section 18 read with Section 20 of the Hindu Adoptions and Maintenance Act, 1956. 6. The Family Court, Mumbai by common judgment dated 24 December 2010 dismissed the divorce petition and partly allowed the maintenance petition, directing the husband to pay Rs. 40,000 per month and to repay the daughter's pilot training loan. 7. The husband filed Family Court Appeal No. 36 of 2011 against the divorce decree and Family Court Appeal No. 38 of 2011 against the maintenance order, along with Civil Application No. 73 of 2011 for stay. 8. At the admission hearing, the court indicated that FCA 36/2011 would be admitted later; for FCA 38/2011, the husband's counsel conceded the maintenance quantum but contested only the loan repayment direction. 9. The court heard arguments on this limited issue and by judgment dated 26 August 2011 dismissed the appeal, upholding the loan repayment direction.
Acts & Sections
- The Hindu Adoptions and Maintenance Act, 1956: Section 18, Section 20
- The Hindu Marriage Act, 1955: Section 9, Section 13
