Madhya Pradesh High Court|Thursday, 19 February 2026
MPHC Sets Aside Family Court Orders on Maintenance in Choudhary vs Bee
Bench
SA
Hon'ble Mr. Justice Subodh Abhyankar
Subodh Abhyankar
MPHC Sets Aside Family Court Orders on Maintenance in Choudhary vs Bee (2026) held that The court held that service of notice on the petitioner's power of attorney was insufficient and did not comply with legal requirements.
The case involves Shahid Ahmad Choudhary, who sought to quash orders from the Family Court regarding maintenance payments to his ex-wife, Irfana Bee, following a divorce and a full settlement agreement. The petitioner argued that he was not properly served notice for subsequent maintenance applications, as it was delivered to his power of attorney instead of him directly. The High Court found that the service was indeed improper and set aside the Family Court's orders, remanding the matter for fresh consideration. The court emphasized that the legal rights of the minor child involved could not be waived by the parents' agreement.
The court held that service of notice on the petitioner's power of attorney was insufficient and did not comply with legal requirements.
It was established that a full and final settlement agreement does not preclude a minor child's legal rights regarding maintenance.
The court emphasized that any agreements made by parents cannot terminate the legal rights of their minor child.
Case filed
Hearing reserved
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Final judgment delivered
Parties directed to appear before Family Court
