In this case there is no dispute that petitioner No. 1 Ganesh was liable to pay maintenance and he would also be liable to incur medical expenses as mentioned in Section 20(1)(b) of the Domestic Violence Act. However, so far as petitioner Nos. 2 and 3 are concerned, under Hindu Adoptions and Maintenance Act, 1956, as grandsons they would have been liable to pay maintenance under Section 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided their father had not been alive. When the father of petitioner Nos. 2 and 3 is alive and is capable of paying maintenance, Section 22(1) of the Hindu Adoptions and Maintenance Act, will not be applicable and under Section 20 of the Hindu Adoptions and Maintenance Act, petitioner No. 1 would be liable to pay maintenance to his mother i.e. respondent No. 2. As per Section 20 (b) of the Domestic Violence Act, the maintenance includes even medical attendance and treatment.

In this case there is no dispute that petitioner No. 1 Ganesh was liable to pay maintenance and he would also be liable to incur medical expenses as mentioned in Section 20(1)(b) of the Domestic Violence Act. However, so far as petitioner Nos. 2 and 3 are concerned, under Hindu Adoptions and Maintenance Act, 1956, as grandsons they would have been liable to pay maintenance under Section 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided their father had not been alive. When the father of petitioner Nos. 2 and 3 is alive and is capable of paying maintenance, Section 22(1) of the Hindu Adoptions and Maintenance Act, will not be applicable and under Section 20 of the Hindu Adoptions and Maintenance Act, petitioner No. 1 would be liable to pay maintenance to his mother i.e. respondent No. 2. As per Section 20 (b) of the Domestic Violence Act, the maintenance includes even medical attendance and treatment.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Writ Petition No. 892 of 2009

Decided On: 10.02.2010

 Ganesh and Ors. Vs.  The State of Maharashtra and Ors.

Hon'ble Judges/Coram:

P.R. Borkar, J.

Citation:  2010   (112)   BOMLR   1082

#maintenance

#dva

#domesticviolence