In a significant legal ruling, the Supreme Court of India clarified that an unmarried daughter who has reached the age of majority and is not suffering from any physical or mental disability is not entitled to claim maintenance from her father under Section 125 of the Criminal Procedure Code (CrPC). The judgment was delivered by a three-judge bench consisting of Justices Ashok Bhushan, Subhash Reddy, and M.R. Shah in the case of Abhilasha vs. Prakash.
The Case and Question of Maintenance
In this case, a wife, on behalf of herself, her two sons, and her unmarried daughter, filed an application under Section 125 CrPC against her husband, Prakash, seeking maintenance for herself and her three children. The key issue was whether an unmarried Hindu daughter can claim maintenance under Section 125 of the CrPC, even after she attains the age of majority.
Court’s Observations and Ruling
The Supreme Court observed that under Section 20 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu father has a statutory obligation to maintain his unmarried daughter, provided she is unable to support herself from her earnings or other property. The Court noted that prior to the enactment of the 1956 Act, Hindu law already required a father to maintain an unmarried daughter who could not financially support herself.
However, the Court distinguished between the immediate relief provided under Section 125 CrPC and the larger maintenance claims that fall under Section 20 of the Hindu Adoptions and Maintenance Act, 1956. The Court ruled that Section 125 is meant to provide quick relief in cases of urgent need, while Section 20 of the Act deals with more substantial claims, which should be addressed through civil court proceedings. The Court emphasized that claims under Section 20 require determination in a civil court and cannot be handled under Section 125 CrPC.
The Outcome
As a result, the Court dismissed the appeal, reaffirming that unmarried daughters who have attained majority and are self-sufficient cannot claim maintenance from their fathers under Section 125 CrPC. Such claims, the Court ruled, must be made under Section 20 of the Hindu Adoptions and Maintenance Act.
This judgment provides clarity on the issue of maintenance for unmarried daughters and highlights the distinction between urgent relief under Section 125 and larger maintenance claims under the Hindu Adoptions and Maintenance Act.
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