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

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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Last Updated: Oct 3, 2024

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: 

SUPREME COURT JUDGEMENT

Download Judgement

Frequently asked questions

Is Unmarried Dependent Daughter Also Eligible for Maintenance Under Section 125 CrPC?

Yes, an unmarried dependent daughter is eligible for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) in India. The law stipulates that a father is obligated to provide maintenance to his unmarried daughter if she is unable to maintain herself. This includes providing for her basic needs such as food, clothing, shelter, and education.

 

Who is Not Entitled to Claim Maintenance Under Section 125 CrPC?

Under Section 125 CrPC, the following individuals are generally not entitled to claim maintenance:

  1. Minor Wife: If the wife is a minor and the marriage is declared void or annulled.
  2. Self-Sufficient Wife: A wife who is earning sufficiently and can maintain herself.
  3. Disobedient Wife: A wife who refuses to live with her husband without any reasonable cause or justifiable reason.
  4. Adulterous Wife: A wife living in adultery is not entitled to claim maintenance.
  5. Person Capable of Maintaining Themselves: Any person who is capable of maintaining themselves and does not fall under the categories of wife, child, or parents who are unable to maintain themselves.

 

Can a Major Unmarried Daughter Claim Maintenance From Her Father?

Yes, a major unmarried daughter can claim maintenance from her father under Section 125 CrPC if she is unable to maintain herself due to physical or mental infirmity or if she is pursuing higher education and cannot support herself. The Supreme Court and various High Courts have upheld that the father has an obligation to provide maintenance to his unmarried daughter even after she attains the age of majority, provided she cannot maintain herself.

 

What is the Latest Judgement of Supreme Court on Section 125 CrPC?

One of the significant recent judgments related to Section 125 CrPC by the Supreme Court is:

Kamla Devi vs. State of Uttarakhand (2020): The Supreme Court reiterated that under Section 125 CrPC, a wife, minor children, and parents who are unable to maintain themselves are entitled to claim maintenance. The Court emphasized that the purpose of Section 125 CrPC is to prevent destitution and vagrancy by compelling those who can provide support to those who are unable to maintain themselves.

Supreme Court's stance on maintenance for daughters: The Court has also reiterated that a daughter, whether minor or major, is entitled to claim maintenance from her father if she is unable to maintain herself. This includes cases where the daughter is pursuing education or is incapacitated and unable to earn a livelihood.

For the most current and specific judgments, it is recommended to consult legal databases or seek advice from a legal professional. The Supreme Court's judgments are continually evolving, and the latest rulings should be referred to for the most accurate legal position.

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Frequently asked questions

Is Unmarried Dependent Daughter Also Eligible for Maintenance Under Section 125 CrPC?

Yes, an unmarried dependent daughter is eligible for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) in India. The law stipulates that a father is obligated to provide maintenance to his unmarried daughter if she is unable to maintain herself. This includes providing for her basic needs such as food, clothing, shelter, and education.

 

Who is Not Entitled to Claim Maintenance Under Section 125 CrPC?

Under Section 125 CrPC, the following individuals are generally not entitled to claim maintenance:

  1. Minor Wife: If the wife is a minor and the marriage is declared void or annulled.
  2. Self-Sufficient Wife: A wife who is earning sufficiently and can maintain herself.
  3. Disobedient Wife: A wife who refuses to live with her husband without any reasonable cause or justifiable reason.
  4. Adulterous Wife: A wife living in adultery is not entitled to claim maintenance.
  5. Person Capable of Maintaining Themselves: Any person who is capable of maintaining themselves and does not fall under the categories of wife, child, or parents who are unable to maintain themselves.

 

Can a Major Unmarried Daughter Claim Maintenance From Her Father?

Yes, a major unmarried daughter can claim maintenance from her father under Section 125 CrPC if she is unable to maintain herself due to physical or mental infirmity or if she is pursuing higher education and cannot support herself. The Supreme Court and various High Courts have upheld that the father has an obligation to provide maintenance to his unmarried daughter even after she attains the age of majority, provided she cannot maintain herself.

 

What is the Latest Judgement of Supreme Court on Section 125 CrPC?

One of the significant recent judgments related to Section 125 CrPC by the Supreme Court is:

Kamla Devi vs. State of Uttarakhand (2020): The Supreme Court reiterated that under Section 125 CrPC, a wife, minor children, and parents who are unable to maintain themselves are entitled to claim maintenance. The Court emphasized that the purpose of Section 125 CrPC is to prevent destitution and vagrancy by compelling those who can provide support to those who are unable to maintain themselves.

Supreme Court's stance on maintenance for daughters: The Court has also reiterated that a daughter, whether minor or major, is entitled to claim maintenance from her father if she is unable to maintain herself. This includes cases where the daughter is pursuing education or is incapacitated and unable to earn a livelihood.

For the most current and specific judgments, it is recommended to consult legal databases or seek advice from a legal professional. The Supreme Court's judgments are continually evolving, and the latest rulings should be referred to for the most accurate legal position.

Online Consultations

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls
Talk To Lawyer Or Online Consultation - LegalKart