Decided on June 11,2013

Arashad Appellant
Addl. Family Judge Respondents


- (1.) Km. Sabia and Km. Sabnam, both daughters of Arshad Hasan, moved an application before the Addl. Judge, Family Court, Roorkee, through their guardian mother (Smt. Mohsina) for awarding the maintenance. Such an application was directed against Arshad Hasan, father of Km. Sabia and Km. Sabnam and husband of Smt. Mohsina, the guardian. It was stated, among other things, in the application that both the daughters were living under the guardianship of their mother in village Dandera, District Haridwar. Sabia passed class V and Sabnam passed class I. They were residing with their mother since birth. Opposite Party (father) Arshad Hasan was a tailor working in Saudi Arabia. His monthly income was Rs. 20,000/- per month. When he comes to Haridwar, then also he earns Rs. 10,000/- per month. The daughters of the opposite party are not inclined to stay with their father. They are minor. The mother of the daughters has no means of livelihood and therefore, maintenance allowance was sought from the opposite party, who is father of the applicant daughters.
(2.) The move of the applicant was contested by the opposite party, who filed written statement, stating therein, inter alia, that he is a labourer and has no means of his livelihood. The applicant has deliberately avoided making the daughters party to the petition. The opposite party also said that Smt. Mohsina received a sum of Rs. 45,000/- for the maintenance of her daughters.
(3.) The applicants, by way of objections, stated that the mother of the daughters received a sum of Rs. 45,000/- by the directions dated 05.09.2003 of the Court. No compromise could be done against the interest of the minor children. Even if there was any out of court settlement between Smt. Mohsina and Arshad Hasan, the same has no binding effect upon the applicant daughters.;

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