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The Court stated that if the husband was bearing substantial expenses for the technical education of the major son, the same could not be a ground to restrict reasonable maintenance and educational support to the minor daughter.
“The wife was facing the challenges against all odds, but the father, who should take on more challenges or at least support the wife, was shirking the liability for one reason or another.”
“Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”
The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.