New Delhi, India:
The Supreme Court of India has declared that a major (adult) unmarried daughter who is not physically or mentally challenged cannot claim maintenance from her father under Section 125 of the Criminal Procedure Code (CrPC).
This judgment was passed in the landmark case Abhilasha vs. Prakash, by a three-judge bench including Justices Ashok Bhushan, Subhash Reddy, and M.R. Shah.
In this case, a mother had filed an application under Section 125 CrPC seeking maintenance from her husband for herself, her two sons, and her unmarried adult daughter (the appellant). The main legal question was:
Can a Hindu unmarried daughter demand maintenance from her father under Section 125 CrPC even after becoming an adult, as long as she remains unmarried?
The Supreme Court answered no, stating that Section 125 CrPC is only meant to provide quick and temporary relief in simple legal proceedings. For a larger or permanent claim, especially under Hindu law, the daughter would need to go through civil court under Section 20 of the Hindu Adoptions and Maintenance Act, 1956.
The court highlighted that Hindu law does require a father to support his unmarried daughter if she cannot support herself, but that claim must be made through Section 20 of the 1956 Act, not CrPC. They emphasized that the Magistrate under Section 125 CrPC is not meant to handle such detailed civil matters.
As a result, the appeal was dismissed.
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