ROSHNI TIWARI Vs. BALMUKUND TIWARI

JUDGEMENT

(1.) The present appeal is directed against the order of rejection of application of the daughter filed under Sec. 20(3) of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as "the Act, 1956") seeking maintenance from her father. In the said application, she had claimed maintenance on two grounds; firstly that she had been doing nursing course and her mother had incurred huge expenditures in educating her. She was paying Rs.3500.00 per month towards fee and there was no other source of income. She, therefore, demanded the fee being paid by her for continuing the said course. Another ground to seek maintenance was that the applicant-daughter was of marriageable age and she needed money towards marriage expenses which was the responsibility of her father.

(2.) The said application filed on 7/5/2015 had been rejected vide order dtd. 6/10/2017 on the ground that the fee receipts which were submitted by the applicant for pursuing the nursing course were of the year 2012. By the time the case was decided, she had completed the nursing course. Further after completion of the said course, the appellant got a job from which she was earning Rs.4500.00 per month. It was also noted by the family court that an amount of Rs.1000.00 per month was being paid to the appellant till she attained the age of majority on 25/2/2011. As regards the claim of the appellant for marriage expenses, there is no whisper in the entire judgment.

(3.) The respondent namely Sri Balmukund Tiwari, father of the appellant is personally present in the Court. The personal presence of the appellant has been dispensed with by the order dtd. 20/10/2021.