In a significant ruling, the Kerala High Court has clarified that a major unmarried daughter cannot demand maintenance from her father under Section 125(1) of the Criminal Procedure Code (CrPC) simply because she lacks financial means to support herself. This observation came during a hearing of a revision petition challenging a Family Court decision that granted maintenance to both the petitioner’s wife and daughter.
Key Ruling on Maintenance for Unmarried Daughters
The core issue before the court was whether an unmarried daughter, who has reached the age of majority, can still claim maintenance from her father under Section 125(1) CrPC. The court ruled that such a claim is only valid if the daughter is unable to maintain herself due to physical or mental abnormalities, or injuries. In such cases, proper pleadings and evidence must be presented.
Justice A. Badharudeen further explained that an unmarried Hindu daughter could claim maintenance under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, until she gets married. However, the court stressed that the daughter must specifically apply under this section and provide evidence proving her inability to support herself.
Court’s Evaluation and Ruling
In this particular case, the court found no evidence to suggest that the daughter suffered from any physical or mental impairment that would prevent her from maintaining herself. As a result, the maintenance granted to the daughter from the date she attained majority was considered erroneous. The court set aside the Family Court’s order regarding the daughter’s entitlement to maintenance post-majority.
However, the court upheld the maintenance granted to the petitioner’s wife, affirming her right to financial support.
Case Reference
The case, titled Gireesh Kumar N v. Rajani K V and Anr., highlights the legal framework governing maintenance for unmarried daughters in India and the specific conditions under which such support is granted.
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