In a significant ruling, the Supreme Court of India has declared that an unmarried adult daughter who is not suffering from any physical or mental abnormality is not entitled to claim maintenance from her father under Section 125 of the Criminal Procedure Code (CrPC). This landmark judgment was delivered by a three-judge bench comprising Justices Ashok Bhushan, Subhash Reddy, and M.R. Shah in the case of Abhilasha vs. Prakash.
The case involved a wife who, on her behalf and on behalf of her two sons and adult daughter, filed an application under Section 125 CrPC against her husband, Prakash, seeking maintenance for herself and her children. The core question was whether a Hindu unmarried daughter could claim maintenance from her father under Section 125 CrPC only until she reaches adulthood or until she remains unmarried.
The Supreme Court observed that Section 20 of the Hindu Adoptions and Maintenance Act, 1956, imposes a statutory obligation on a Hindu father to maintain his unmarried daughter if she cannot support herself through her earnings or other property. Historically, Hindu law has always required a father to support his unmarried daughter who is unable to maintain herself. This obligation can be enforced through civil court proceedings under Section 20 of the Act.
The Court further explained that Section 125 CrPC is designed to provide immediate relief in a summary proceeding. In contrast, the rights under Section 20 of the Hindu Adoptions and Maintenance Act encompass a broader scope, necessitating a more detailed determination by a civil court. Consequently, the legislature did not intend for magistrates to handle the extensive claims covered by the 1956 Act under the jurisdiction of Section 125 CrPC.
Ultimately, the appeal was dismissed by the Court, reinforcing the interpretation that an unmarried adult daughter cannot claim maintenance from her father under Section 125 CrPC unless she is physically or mentally incapable of supporting herself.
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