SOVIND CHANDEWAR Vs. KETKI CHANDEWAR

JUDGEMENT

(1.) THE Petitioner has challenged two orders both dated 11th December 2009 of the 2nd Family Court at Bandra in the Petition filed by the Respondent herein who is the daughter of the Petitioner. The Respondent has sued the Petitioner for maintenance under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 (HAMA).

(2.) IT is the Petitioner's case that his wife carries on wine business and has her own separate independent income therefrom. The Petitioner also contends that his wife earns from an eatery which she runs from her house and from the licence fees paid under a licence granted to her in respect of one residential flat. She is capable of and obliged to maintain her daughter. The Petitioner does not dispute his obligation to maintain his daughter. He contends that the Petitioner as well as his wife must both maintain their daughter and hence the extent of maintenance payable by the Petitioner must be decided only after considering the wife's income and her obligation to maintain her daughter.

(3.) MR. Lalwani on behalf of the Petitioner, father conceded that it may be a choice of the daughter not to demand maintenance from her mother. However he argued that the extent of maintenance payable by father would be required to be worked out by the Court upon considering on merits of the income of both the mother and the father and then the daughter may be entitled not to claim the rightful share of the mother.