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Supreme Court of India 2019-02-26 remanded

Manisha Deb Dutta & Ors vs Debu Dutta

Bench: 1 — <UNKNOWN>

In Brief

The petitioners challenged a Family Court order denying enhanced maintenance to their adult daughter (aged 18+) under Section 125 of the CrPC, while granting enhancement for the two younger dependents. The Supreme Court held that though Section 125(1) technically applies only to minors, courts may grant maintenance to adult children in appropriate circumstances, citing Dr. Jagdish Jugtawat. The Court also set aside the order because a fresh salary certificate (showing the respondent's income of Rs. 30,000 per month) was introduced without giving the respondent an opportunity to respond, violating natural justice. The case was remanded to the Family Court for reconsideration with both parties given full procedural opportunity.

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Family Law Maintenance Code of Criminal Procedure Children's Entitlements Natural Justice Evidence Family Courts

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