How can I continue maintenance for my daughter pursuing studies?
I applied for the enhancement of maintenance under Section 127 for my minor daughter. During the procedure, my daughter turned major, due to which the maintenance for her was discontinued. However, as she is pursuing her higher studies, I still need maintenance for her, which was the purpose of filing for the enhancement. What is advisable at this stage?
Since your daughter has turned major during these proceedings, but is still studying, you can file for maintenance under Section 125 of the CrPC. This section allows for maintenance if the child is unable to support themselves, especially for education. You’ll need to provide proof of her studies and financial needs. It’s a good idea to consult a lawyer to help with the application and ensure you follow the right procedure.
Since your daughter has turned major during the proceedings, maintenance under Section 127 has been discontinued. But as she is still pursuing her higher studies, you can file a fresh application under Section 20 of the Hindu Adoptions and Maintenance Act, 19 as parents are obligated to support an unmarried daughter. Courts often grant maintenance for education if the daughter is financially dependent. It is advisable to consult a lawyer and present evidence of her educational expenses to strengthen your case.
Since your daughter is pursuing higher studies, you can petition the court to continue maintenance under Section 127, citing that she is still dependent on you for education. The court may consider her educational needs and direct the payment of maintenance. It is advised to consult an expert lawyer who will assist you with the best course of action.. For further legal assistance contact us on our helpline number.
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