News By/Courtesy: Harshit Sharma | 30 Jun 2019 16:49pm IST

HIGHLIGHTS

  • The Madras High Court has held that unmarried daughter can claim maintenance from her father under Section 125 of the Code of Criminal Procedure 1973.
  • In the instant matter, the trial court rejected the girl’s petition seeking maintenance from her father since she is major, and that she does not suffer from any physical or mental disablement.
  • A father is under an obligation to maintain her unmarried daughter even if she attains the age of majority.

While hearing a petition under Section 482 of the Code of Criminal Procedure 1973, directed against the order of the trial court, the Madras High Court has held that unmarried daughter can claim maintenance from her father under Section 125 of the Code of Criminal Procedure 1973. In the instant matter, the trial court rejected the girl’s petition seeking maintenance from her father since she is major, and that she does not suffer from any physical or mental disablement. Aggrieved by the order of the trial court, the girl moved to Madras High Court contending that a combined reading of Section 125 of Cr.P.C. and Section 20(3) of Hindu Adoption and Maintenance Act makes it very clear that a father is under an obligation to maintain her unmarried daughter even if she attains the age of majority. The matter was listed before Justice N. Anand Venkatesh who while relying on various judgments observed:

“It is very clear from the above judgments that even though Section 125 restricts the payment of maintenance to the children till they attain majority, when it comes to the daughter, Courts have taken a consistent stand that even though the daughter has attained majority, she will be entitled to maintenance till she remains unmarried by virtue of Section 20(3) of the Hindu Adoption and Maintenance Act, 1956. In order to avoid multiplicity of proceedings, the Courts have taken a consistent stand that the petition under Section 125 of Cr.PC can be entertained without pushing her to file an independent petition seeking for maintenance under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956.”

Section Editor: Sandeep G | 01 Jul 2019 22:12pm IST


Tags : #Legal

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