JUDGEMENT
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(1.) Along with this appeal filed by Mukesh Kumar Aggarwal, cross-objections
filed in the appeal by respondents i. e. appellant's daughter and her mother
shall also stand disposed of.
(2.) Smriti @ Mishu-respondent No. 1 herein, then a minor, earlier filed suit
through her mother Meenakshi Aggarwal-respondent No. 2 herein as next
friend against the minor's father Mukesh Kumar Aggarwal appellant herein
seeking maintenance.
(3.) Learned trial Court vide judgment and decree dated21.05.1997 directed
both parents of the minor to pay Rs 2,000/- per month from the date of
registration of the suit i. e. 13.09.1996 as maintenance to be shared equally
by both the parents. In first appeal, lower appellate Court vide judgment
and decree dated 16.10.2001 enhanced the maintenance amount to Rs 5,000/-
per month from the date of said judgment and decree to be shared equally by
both the parents. Respondent No. 1 herein has filed RSA No. 4816 of 2001
for further enhancement of the maintenance amount. The said second
appeal shall also stand disposed of by this common judgment. The said
appeal has been admitted to consider following substantial questions of law:
1. Whether the plaintiff-appellant is entitled to the grant of
maintenance till she gets married, as required under
Section 21 of the Hindu Adoption and Maintenance Act,
1956 ?
2. Whether the mother and the father were obliged to give
maintenance amount to the plaintiff proportionate to
their income ?
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