Four Fatherless Grandchildren Get ₹2,500 Monthly Each From Grandfather As Karnataka HC Sets Girls’ Support Until Marriage, Boys’ Until Puberty

The respondents, comprising four minor children and their mother, sued the appellant—the children’s paternal grandfather—for maintenance after their father died.

They sought maintenance for the children and their mother, alleging that the appellant had neglected to support them.

The Family Court decreed the suit in part, awarding each child Rs.2,500 per month from the date of suit until attaining majority.

The grandfather appealed, relying on his pension, age-related ailments and financial obligations.

The respondents sought modification of the maintenance period under Order XLI Rules 22 and 33 CPC.

The Court applied Section 370(3) of Muhammadan Law, under which, where the father is poor and infirm and the mother is also poor, the obligation to maintain the children falls on the grandfather, provided he is in easy circumstances.

It also applied Order XLI Rule 22 CPC, which permits a respondent to challenge a decree or an adverse finding in the appeal, and Order XLI Rule 33 CPC, which empowers the appellate court to make the order required to do complete justice in the appeal.

The Court found that the children’s father had died and that the grandfather was receiving a pension; his wife also received a pension, and he had movable property.

Applying Section 370(3), it held that the grandfather was liable to maintain the children.

However, the Family Court’s direction limiting maintenance to the children’s attainment of majority did not reflect the periods specified under Muhammadan Law: the girls were entitled to maintenance until marriage, while the boys were entitled to it until attaining puberty.

Although the respondents had not appealed, the Court held that Rules 22 and 33 CPC empowered it to modify the decree accordingly.

Each of the four children was awarded Rs.2,500 per month from the date of suit; the two girls’ entitlement continues until marriage, and the two boys’ entitlement until they attain puberty.

The executing court was directed to release the Rs.50,000 deposited by the appellant to the children’s mother if she applies for its release.

The mother’s pending application for release of maintenance was dismissed as not pressed.