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february 1987

Supreme Court of India · 1987-02-18

DR. (MRS.) VIJAYA MANOHAR ARBAT vs KASHI RAO RAJARAM SAWAI AND ANR.

Citation / case number
SC 1986/69981
Court
Supreme Court of India
Petitioner
DR. (MRS.) VIJAYA MANOHAR ARBAT
Respondent
KASHI RAO RAJARAM SAWAI AND ANR.
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court held that an application under Section 125(1)(d) of the Code of Criminal Procedure, 1973, by a father claiming maintenance from his married daughter is maintainable. The Court interpreted the pronoun 'his' in the provision to include 'her', based on Section 8 of the Indian Penal Code and Section 13(1) of the General Clauses Act, thus establishing that both sons and daughters have a moral and legal obligation to maintain their parents. The appeal was dismissed, affirming the lower courts' decisions that recognized this obligation.

DR. (MRS.) VIJAYA MANOHAR ARBAT vs KASHI RAO RAJARAM SAWAI AND ANR. · Niyam