Case Note & Summary
The case involves an appeal filed by the father, Sadashivananda S/o Kashappa Dandin, against the judgment and decree dated 09.11.2016 passed by the Principal Judge, Family Court, Gadag, in O.S.No.12/2014. The suit was filed by the daughter, Kumari Padmini, under Section 20 of the Hindu Adoption and Maintenance Act, 1956, along with Order VII Rule 1 of the Code of Civil Procedure, 1908, seeking maintenance and expenses from her father. The plaintiff, a 22-year-old student, claimed that her father failed to provide for her maintenance and education, and sought a direction for payment of maintenance until her marriage, as well as marriage expenses. The Family Court partly decreed the suit, ordering the father to pay maintenance. The father appealed, challenging the order. The High Court, after hearing the parties, dismissed the appeal, upholding the Family Court's decision. The court held that under Section 20 of the Hindu Adoption and Maintenance Act, 1956, a father is obligated to maintain his unmarried daughter, and the maintenance awarded was appropriate. The court directed the father to continue paying maintenance until the daughter's marriage.
Headnote
A) Family Law - Maintenance of Unmarried Daughter - Section 20 of the Hindu Adoption and Maintenance Act, 1956 - Father's Obligation - The court considered the father's appeal against the Family Court's order directing him to pay maintenance to his unmarried daughter. The court held that under Section 20 of the Hindu Adoption and Maintenance Act, 1956, a father is obligated to maintain his unmarried daughter, and the Family Court's award of maintenance was justified. (Paras 1-3)
Issue of Consideration
Whether the father is liable to pay maintenance to his unmarried daughter under Section 20 of the Hindu Adoption and Maintenance Act, 1956, and whether the Family Court's award of maintenance is justified.
Final Decision
The appeal is dismissed. The judgment and decree dated 09.11.2016 passed by the Principal Judge, Family Court, Gadag, in O.S.No.12/2014 is upheld. The father is directed to pay maintenance to the daughter until her marriage.
Law Points
- Maintenance of unmarried daughter
- Obligation of father to maintain daughter
- Hindu Adoption and Maintenance Act
- Section 20
- Order VII Rule 1 CPC
Case Details
2019 LawText (KAR) (09) 33
M.F.A.No.100200/2017 (FC)
S.N. Satyanarayana, P.G.M. Patil
S.G. Kadadakatti (for appellant), J.S. Shetty (for respondent)
Sadashivananda S/o Kashappa Dandin
Kumari Padmini D/o Sadashivanand Dandin
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Nature of Litigation
Appeal against judgment and decree of Family Court in a suit for maintenance by daughter against father.
Remedy Sought
The appellant (father) sought to set aside the Family Court's order directing him to pay maintenance to his daughter.
Filing Reason
The father was aggrieved by the Family Court's order partly decreeing the suit for maintenance filed by his daughter.
Previous Decisions
The Family Court, Gadag, partly decreed the suit in O.S.No.12/2014 on 09.11.2016, directing the father to pay maintenance.
Issues
Whether the father is liable to pay maintenance to his unmarried daughter under Section 20 of the Hindu Adoption and Maintenance Act, 1956.
Submissions/Arguments
The appellant argued that the Family Court's order was erroneous and that he should not be liable to pay maintenance.
The respondent (daughter) argued that she is entitled to maintenance from her father under the Hindu Adoption and Maintenance Act.
Ratio Decidendi
Under Section 20 of the Hindu Adoption and Maintenance Act, 1956, a father is obligated to maintain his unmarried daughter. The Family Court's award of maintenance was justified and is upheld.
Judgment Excerpts
The defendant in O.S.No.12/2014 on the file of the Principal Judge, Family Court, Gadag, has come up in this appeal, impugning the judgment and decree dated 09.11.2016 passed therein.
Admittedly, the said suit in O.S.No.12/2014 was filed under Section 20 of the Hindu Adoption and Maintenance Act, along with invoking the provisions of Order VII Rule 1 of the Code of Civil Procedure.
The prayer of the plaintiff who is respondent herein is that her father/defendant in the said suit be directed to pay maintenance and expenses to the plaintiff; that he should go on paying the maintenance till the marriage of the plaintiff...
Procedural History
The respondent (daughter) filed O.S.No.12/2014 before the Principal Judge, Family Court, Gadag, under Section 20 of the Hindu Adoption and Maintenance Act, 1956, seeking maintenance. The Family Court partly decreed the suit on 09.11.2016. The appellant (father) appealed against this decree under Section 19(1) of the Family Court Act, 1984, before the High Court of Karnataka, Dharwad Bench, which dismissed the appeal on 12.09.2019.
Acts & Sections
- Hindu Adoption and Maintenance Act, 1956: Section 20
- Code of Civil Procedure, 1908: Order VII Rule 1
- Family Court Act, 1984: Section 19(1)
