Saravana Rajeshkumar v. Harshini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.12597 of 2024 Saravana Rajeshkumar ... Petitioner / Petitioner / Defendant Vs.

Harshini ... Respondent / Respondent / Plaintiff Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the impugned fair and decreetal order dated 08.07.2024 passed in I.A.No.1 of 2024 on O.S.No.11 of 2023 on the file of the Family (FAC) Court, Ramanathapuram by allowing this civil revision petition. For Petitioner : Mr.S.Vashik Ali, For Mr.D.Nallathambi For Respondent : Mr.K.R.Laxman * * * 1/4

O R D E R

Heard the learned counsel on either side.

2.The petitioner is figuring as the defendant in O.S.No.11 of 2023 on the file of the Family Court, Ramanathapuram. The petitioner filed I.A.No.1 of 2024 for rejection of plaint. It was dismissed vide order dated 08.07.2024. Challenging the same, this civil revision petition came to be filed. 3.It is well settled that an unmarried daughter is entitled to claim maintenance from her father till she gets married. The learned counsel for the respondent draws my attention to Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 and the decision of the Hon'ble Supreme Court reported in AIR 2020 SC 4355 (Abhilasha Vs. Parkash) in support of her contentions. 4.I am more than satisfied that the suit cannot be rejected. The order impugned in this civil revision petition is sustained. Since the petitioner has expressed his willingness to maintain the daughter by taking her back, the Court below may endeavour to mediate the matter. 2/4

5.With the aforesaid observation, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 22.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ias To:

The Family Court, Ramanathapuram.

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G.R.SWAMINATHAN, J.

ias 22.10.2024 4/4