HAPPY ANAND @ PRABHJOT SINGH Vs. BABY DEEPALI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the learned Additional District Judge in Petition No. 199/2003, which was filed by the respondent who is a minor against her father seeking maintenance under Section 20 of the Hindu Adoptions and Maintenance Act.

(2.) THE respondent herein was born on 5th December, 1996 and she was about seven years old when the aforesaid petition was filed by her against her father. She is now living under the care and custody of her mother, namely, Ms. Anju @ Dolly. The parents of the respondent have obtained decree of divorce under order dated 22nd May, 1999 passed by the Additional District Judge, Delhi. The respondent along with her mother are now residing with the respondent's grand -father, who allegedly bore the expenses relating to delivery and post natal care of her mother. It was stated before the Additional District Judge that the monthly income of the petitioner was Rs. 20,000 per month but despite the said fact the appellant failed to maintain the respondent and that, Therefore, the aforesaid petition was filed claiming maintenance @ Rs. 4,500 per month.

(3.) ON the pleadings of the parties, the following three issues were framed: