Family Dispute

Unmarried major Daughter if Physically Or Mental sound is Not Entitled To Claim Maintenance From Father U/s 125 Of CrPC: Supreme Court.

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Referred Sections in the Judgement:

 

Case number: 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

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). 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.

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 midified the order  and said that Abhilasha  shall be entitled to maintenance till 26.04.2005 when she attains majority.

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. High Court through its judgment dated16.02.2018 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.

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.

Read the complete judgement here: 

https://main.sci.gov.in/supremecourt/2018/34880/34880_2018_35_1501_23965_Judgement_15-Sep-2020.pdf

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