Daughter Has To Show She Is Unable To Maintain Herself Or Hasn't Attained Majority To Seek Maintenance U/S 125 CrPC: Chhattisgarh HC

The Chhattisgarh High Court has observed that as per Section 125 CrPC, to get maintenance, a daughter has to make out a case that she is unable to maintain herself or has not attained the majority.

With this, the bench of Justice Deepak Kumar Tiwari recently allowed a revision plea filed by a man challenging a Family Court's order directing him to pay Rs. 5K as interim maintenance per month to her 24-year daughter (respondent).

Essentially, the father (revisionist) challenged the family court's order on the ground that his daughter is living separately from him without any rhyme or reason, and despite the fact that the family members are willing to keep her, she was not ready to stay with them.

Challenging the order of the family court, it was further submitted by his counsel that since there was no averment that the respondent was suffering from any physical or mental abnormality or injury or unable to maintain herself, therefore, she was not entitled to get maintenance under Section 125 Cr.P.C.

At the outset, having heard the counsel of the revisionist/father, the Court noted that the daughter (respondent) had not made any averment regarding her inability to maintain herself or that she had not attained majority, which, the Court noted, are essential conditions to get maintenance under Section 125 CrPC and therefore, it concluded that the respondent was not entitled to maintenance.

"It is explicit from the impugned order that the respondent has attained the majority and also pursuing B.A. final year. As per Section 125 Cr.P.C. to get maintenance daughter has to make out a case that she is unable to maintain herself or not attained the majority but in the present case, no such averment has been made. So the respondent is not entitled to get maintenance under Section 125 Cr.P.C. However, Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 recognizes the rights of maintenance to children and it is the statutory obligation of a Hindu to maintain his or her daughter, who is unmarried and is unable to maintain herself out of her own earning of other property."

In this regard, the Court also took into account the ruling in the Apex Court's ruling in the case of Abhilasha vs. Parkash and others (2020) AIR SC 4355 wherein it was observed by the top court that a daughter who has attained majority and is still unmarried is not entitled to claim maintenance from her father in proceedings under Section 125 Cr.P.C. if she is not suffering from any physical or mental abnormality/injury.

Consequently, allowing the revision, the Court set aside the order of the family court, however, it reserved liberty in favor of the respondent/daughter to take recourse to Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956, if so advised, for claiming any maintenance against her father.

Case title - Birendra Kumar Tiwari vs. Neetu Tiwari [CRR No. 1216 of 2022]

Case Citation: 2022 LiveLaw (Chh) 79

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