Legal Reference Library

In a significant ruling, the Madras High Court Bench here has held that fathers are liable to pay maintenance to children who had attained majority even if the latter were not suffering from any mental or physical abnormalities and yet do not have sufficient financial capacity to maintain themselves. “No doubt, Section 125 of the Code of Criminal Procedure is not happily worded since it has prescribed certain riders for a daughter or son who has attained majority to claim maintenance from their father. The children must establish that they are under physical disability or they are suffering out of mental injury. “However, there may be cases where a daughter or a son, even after having attained majority, may not have sufficient financial capacity to maintain themselves and they continue to need the support of their father... These are real-life situations. In such cases, courts cannot simply blame those who had drafted the law. “A court must interpret the law. It s...

In a judgment that will shield parents against unruly and unsupportive children, the Punjab and Haryana High Court has given a new meaning to their relationship. The High Court has asserted that a son is a mere licensee putting up on the premises owned by his father. The District Magistrate is competent to order his eviction. The judgment by Justice Hemant Gupta and Justice Sneh Prashar came on a petition by Gurpreet Singh against his father and other respondents. The Bench said: “The petitioner is a licensee living on the premises on the basis of concession given by his father to live in the property owned by him. As a licensee, the petitioner is only permitted to enjoy the possession of the property licensed, but without creating any interest in the property. A licence stands terminated the moment the licensor conveys a notice of termination of the licence. There is no vested right of any kind in the licensee to remain in possession of the property licensed,” it said. Arti...