The Kerala High Court ruled that a major unmarried daughter is not entitled to maintenance from her father merely on the ground that she is unable to maintain herself.
It was expounded that the current law is that an unmarried major daughter can claim maintenance from her father till her marriage under Section 20(2) of the Hindu Adoptions and Maintenance Act, 1956, subject to proving that she is unable to maintain herself.
Brief Facts:
Respondent No. 1 is the wife of the revision Petitioner and Respondent No. 2 is the daughter of the revision Petitioner. The Respondents had approached the Family Court with a prayer to grant allowance of maintenance on the submission that they did not have the means to sustain themselves.
Further, it was contended that the revision Petitioner had been earning Rs.40,000/- per day and, therefore, he could pay maintenance to the Respondents. The Family Court granted Rs.10,000/- and Rs.8,000/- as maintenance to Respondents No. 1 and 2 respectively per month from the date of filing of the petition.
The primary issue for adjudication before the Bench was:
- Whether an unmarried daughter can claim an allowance of maintenance under Section 125(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) even after attaining a majority? If so, on what contingency?
- Is there any other enabling provision of law for a Hindu unmarried daughter to claim maintenance dehors the provision under Section 125 of Cr.P.C?
Contentions of the Petitioner:
It was submitted that the daughter being a major was not entitled to seek maintenance. Further, no evidence has been submitted to substantiate that the daughter suffers from any physical or mental abnormality or injury or that she could not maintain herself.
Contentions of the Respondents:
It was argued that an unmarried daughter after attaining majority could claim maintenance if she could not maintain herself.
Observation of the Court:
The Bench opined that under Section 125 (1) of the Cr.P.C., an unmarried daughter who has reached majority is not eligible to seek maintenance merely on the ground that she lacks the means to support herself. Further, she is entitled to seek maintenance only if she is suffering from any physical or mental abnormality or injury.
It was expounded that the current law is that an unmarried major daughter can claim maintenance from her father till her marriage under Section 20(2) of the Hindu Adoptions and Maintenance Act, 1956, subject to proving that she is unable to maintain herself.
After evaluating the evidence the Court noted that no evidence is provided to show that Respondent No. 2 has any physical or mental abnormality, or she has any injury so that she could not maintain herself and, therefore, grant maintenance to Respondent No. 2 (who is now aged above 18 years) from the date of attaining majority, is found to be erroneous and thereby the order was set aside to that extent, limiting entitlement of maintenance of the Respondent No. 2 till the date she attained majority.
Further, the order for maintenance of the Respondent No.1 was not interfered with.
The decision of the Court:
The Kerala High Court, therefore, upheld the maintenance provided to the wife of the Petitioner and modified the one granted to his daughter. Accordingly, the Court partly allowed the revision petition.
Case Title: Gireesh Kumar .N v. Rajani K.V.
Coram: Hon’ble Justice A. Badharudeen
Case No: RPFC NO. 503 OF 2017
Advocates of Petitioner: Advs. Sri. K.P. Sujesh Kumar and Sr. Biju Kumar
Advocates of Respondent: Advs. Sri. S. Rajeev and K.K. Dheerendra Krishnan
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