Major Unmarried Daughter Not Suffering From Any Physical Or Mental Abnormality Not Entitled To Claim Maintenance From Father U/s 125 Of CrPC: Supreme Court - Synopsis
Nilanjana Ganguly 16 Sep 2020

The Supreme Court of India has taken a decision that if a woman has attained her age of majority but is unmarried, she is not entitled to receive any type of maintenance from her father under section 125 of Cr.P.C. 1973 She will only be entitled to maintenance when she has some physical or mental disability.  

Justice Ashok Bhushan said that an unmarried Hindu woman till she gets married will receive maintenance from her father under section 20(3) of The Hindu Adoptions and Maintenance Act,1956, provided she proves that she is disabled to earn her own living.

The legislature never planned to burden the Magistrate when exercising authority under Section 125 of the Cr.P.C. 1973 nn order to decide the claims envisaged by the Hindu Adoptions & Maintenance Act, 1956, the Bench also comprising Justice R. Subhash Reddy and Justice MR Shah said. In this particular case, the main issue was that an unmarried daughter till gets married is entitled to receive maintenance under The Hindu Adoption and Maintenance Act,1956. The appellant, when she was a minor, filed an application under Section 125 of the Cr.P.C. in front of the Judicial Magistrate, Rewari. The Magistrate had agreed to restrict the appellant's claim to maintenance until it had reached a majority. The same order was upheld by the High Court as well. The query considered by the Supreme Court was whether a Hindu unmarried daughter is entitled to claim maintenance from her father under Section 125 of the Cr.P.C. just until she hits the age of majority, or may she demand maintenance until she remains unmarried. The appellant's point was that, even though she is not suffering from any physical or mental disorder or disability, she is entitled, by virtue of Section 20 of the 1956 Act, to demand maintenance from her until she is unmarried.


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