The Supreme Court has held that physically or mentally sound unmarried daughter who attained majority is not entitled to claim maintenance from her father's property in proceedings under Section 125 Cr. P.C.
2. Referred Sections in the Judgement:
Citation of the matter: CRIMINAL APPEAL NO. 615 of 2020
(arising out of SLP (Crl.) No.8260/2018)
Section 125 in The Code Of Criminal Procedure, 1973: Section 20
in The Code Of Criminal Procedure, 1973 read with Section 3(b)
Section 482 in The Code Of Criminal Procedure, 1973
3. Supreme Court Latest Judgement On Maintenance
Under Section 125 CrPC:
Can a major daughter claim maintenance from her father? This
case is about the rights of an unmarried daughter on the father's
property.
Recently, under Section 125 CrPC, the Supreme Court order on
daughters right on father's property, who are unmarried major
and physically or mentally sound, are not entitled to claim
maintenance from their father.
4.
5. Key happenings in the matter Chronologically:
1. Judicial Magistrate: (16.03.2011)
This matter was first filed u/s 125 CrPC claiming maintenance
by Ms Abhilasha’s mother (Abhilasha is the one who filed the
current matter in Supreme Court) from her husband (father of
Abhilasha) for herself and her three children (one of them was
Abhilasha).
6. The learned Judicial Magistrate by their judgment dated
16.02.2011 dismissed the application under Section 125 allowed
the grant of maintenance for Abhilasha till she attains majority.
7. 2. Session Judge: (17.02.2014)
The above judgement was challenged before the court of Session
Judge. This was dismissed by the learned Additional Sessions
Judge by order dated 17.02.2014 and the Hon’ble Judge
modified the order and said that Abhilasha shall be entitled to
maintenance till 26.04.2005 when she attains majority.
8. 3. Punjab Haryana High-Court (16.02.2018)
The above order was challenged through an application under
Section 482 Cr.P.C. which was was filed before the Punjab
Haryana, High court.
9. High Court through its judgment dated 16.02.2018 dismissed
the application filed under Section 482 Cr.P.C. and said that
previous both courts were correct in their judgement and said
that Abhilasha was entitled to get maintenance till she is
attaining majority and not thereafter since she is not suffering
from any physical or mental abnormality or injury. High Court
also said that in such a situation when a child, who though has
attained majority but is unable to maintain itself only then is
entitled to get maintenance.
10. 4. Supreme Court: (2020)
Abhilasha Appealed against the High Court’s judgement in the
Hon’ble Supreme Court of India. The Supreme Court also
dismissed the appeal and confirmed that Abhilasha is not
entitled for maintenance from here father. Hon’ble Supreme
Court also reaffirm that under Section 125 of Cr.P.C an
unmarried Hindu daughter can claim maintenance from her
father till she is married or attained majority. If she proves that
that she is unable to maintain herself only in that situation she
can claim maintenance.
11. Read the complete judgement here:
https://main.sci.gov.in/supremecourt/2018/34880/34880_201
8_35_1501_23965_Judgement_15-Sep-2020.pdf
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