JAYVARDHAN SINH CHAPOTKAT Vs. AJAYVEER CHAPOTKAT

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner and the learned Counsel for the respondent.

(2.) Rule. Rule made returnable forthwith with the consent of the parties.

(3.) The petitioner herein is the son of the respondent No. 1. The Petition herein takes exception to the order dated 30th August, 2011 passed by the Family Court. The Petitioner has instituted the Petition to direct respondent father to pay maintenance even after he has attained age of majority. During the pendency of the main Petition, the Constituted Attorney of the respondent father had made an application for framing preliminary issue regarding maintainability of Petition, thereby seeking rejection of the Petition under Order 7 Rule 11(d) of Civil Procedure Code. The named Petition is filed under Section 20 of the Hindu Adoption and Maintenance Act. The Petitioner herein had attained majority on 26th October, 2008 and the Petition was filed on 19th November 2008. The Petitioner had challenged the application seeking framing of preliminary issue. The Petitioner had contended that it is the obligation of the father to maintain his son as he is studying and fully dependent upon his mother. Learned Family Court had observed that the Petitioner has attained majority and is not entitled to claim maintenance under Section 20 of the Hindu Adoption and Maintenance Act. It was observed by the learned Family Court that the advocate representing the Petitioner as well as respondent had admitted that the Petition has been filed by the Petitioner after attaining age of majority and as per subclause 2 of the Section 20 of the Act, the Child is not entitled to claim maintenance from either of the parents.