Section 20 in The Hindu Adoptions and Maintenance Act, 1956
It was a strange case, under the Hindu Adoptions and Maintenace Act, where a major college going daughter filled an application against father for maintenace in a court of Delhi. The couple was divorced long back however the divorce decree stands challanged in Ranchi High Court.Father of the girl is native of Bihar and is currently posted in Patna but on the basis of her residence, i.e. aplicant, the suit was filled here in the court of Delhi. The court issued notice and the respondent decided to contest it through its advocate.By the time, we entered into case, enough damage was done and the court was in mood to issue NBW against the respondent and decide the issue of interm maintenance.In the previous date, we were approached and asked to take over the case and argue the matter. We did so and filled a fresh Vakaltnama and argued the case on three counts, jurisdisction, exemption of court fee and mother being not made a necessary party in the case.The court saw merit in our argument and asked the opposite counsel to reply on all the objections, instead of ordering interim maintenance, as prayed by the opposite counsel.It is pertinent to note here that, if this arugument of jurisdisction was not raised here then it was last chance to do so and the act does not permit to bring this ground in higher courts of appeal.We also managed exemption from the presence of respondent in person on next date on the basis of he being posted at Patna and native of Bihar. This could be best described as the case of Justice in hurry is justice in burry. #maintenance #delhi #majordaughter #father #divorce #wife #famailylawDr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )Advocate & Consultant, Supreme Court of India & High Courts4C Supreme Law International, Delhi, NCR. Mumbai & DubaiTel: M- 91- 9818320572. Email: editor.kumar@gmail.comWebsite: www.ajaykr.com, www.4Csupremelawint.com
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