Law: Family Courts Act, 1964

Section: 5

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Suit for recovery of maintenance allowance of minor---Rights of minor---Maintenance allowance of minor, waiving of---Scope---Agreement (Punchayat Nama) was entered into between the parties by which custody of minor girl was to be handed over to her mother on the condition that she (mother) would not demand the maintenance allowance of the minor girl---Said agreement/Punchayat Nama (document-in-question) was signed by the grandfather of minor girl---Held, that the rights of minor can not be waived by the mother or any of the blood relatives---Allah has specifically fixed the responsibility of maintaining the minor (suckling baby) to the father and the mother has been given responsibility of feeding the child---Where the father is not alive or not in a position to pay maintenance, then the responsibility will be shifted to mother if she can bear the same, or to the other family members (like grandfather) as given in S. 370 of the Muhammadan Law---Document-in-question would not disentitle the minor from her Shari right of maintenance allowance---High Court upheld the maintenance allowance to the minor having been rightly awarded to the minor by the Family Court---Constitutional petition was disposed of accordingly. (b) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Suit for recovery of maintenance allowance of the minor and mother/lady---Maintenance allowance for the period when wife is not living with the husband---Past maintenance allowance---Fostering period of the child---Scope---Family Court granted the maintenance allowance for the iddat period to the lady/plaintiff in wake of her divorce---Family Court though granted the maintenance allowance to the minor-girl (suckling baby) but denied the same to her mother/plaintiff (for fostering period) on the basis that she had left the house of her husband, not performing her matrimonial obligations---Held, that though a disobedient lady living separately without any reason should be refused payment of maintenance allowance for that period as she has not performed her matrimonial obligations, but the situation in the present case was different as the…

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