AMARENDRA KUMAR PAUL versus MAYA PAUL & ORS.

AMARENDRA KUMAR PAUL versus MAYA PAUL & ORS.

Maintenance orders in favour of children are only enforceable until they attain majority or, in the case of daughters, until marriage; period of limitation for execution is to exclude the duration during which stay orders operated.

Parties
Appellant: Amarendra Kumar Paul; Respondent: Maya Paul; Respondent: Sandhu Priya Paul; Respondent: Sandhu Priti Paul; Respondent: Sandhu Prakash Paul
Jurisdiction
India
Judgment Date
04 August 2009
Procedural Posture
Criminal Appeal / Supreme Court Decision
Outcome
Appeal dismissed
Legal Topics
Maintenance, Limitation, Execution of Maintenance Orders
Family Law Criminal Procedure Maintenance Limitation Execution of Maintenance Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Amarendra Kumar Paul

Appellant

Maya Paul

Respondent

Sandhu Priya Paul

Respondent

Sandhu Priti Paul

Respondent

Sandhu Prakash Paul

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision

Legal Issues

  1. 1 Whether maintenance under Section 125 CrPC is available to children after attaining majority or marriage
  2. 2 Whether limitation in execution application is to be computed excluding the period of stay

Ratio Decidendi

Maintenance orders in favour of children are only enforceable until they attain majority or, in the case of daughters, until marriage; period of limitation for execution is to exclude the duration during which stay orders operated.

Court Disposition

Appeal dismissed

Orders

  • No interference with the impugned judgment.
  • No order as to costs.