S.125 CrPC | Major Unmarried Daughter Not Entitled To Maintenance From Father Merely On Ground That She Is Unable To Maintain Herself: Kerala HC

The Kerala High Court on Wednesday reiterated that an unmarried daughter who attained majority cannot claim maintenance from her father under Section 125(1) CrPC, merely on the ground that she does not have means for her sustenance. 

The Court observed that an unmarried daughter unable to maintain herself by reason of any physical, mental abnormality or injury is entitled to claiming maintenance under Section 125(1) CrPC, however, pleadings and evidence in this regard are mandatory. 

Justice A. Badharudeen also clarified that an unmarried Hindu daughter can claim maintenance from her father till she is married resorting to S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself, however for that the application has to be made under S.20 of Act, 1956 specifically.

...by virtue of Section 125 (1) of Cr.P.C, an unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, viz. merely on the ground that she does not have means for her sustenance. At the same time, even though the unmarried daughter, who attained majority, is entitled for maintenance, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain herself, for which, pleadings and evidence in this regard are mandatory. Otherwise, the legal proposition is that an unmarried Hindu daughter can claim maintenance from her father till she is married resorting to S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself, for enforcement of which right her application/suit has to be under S.20 of Act, 1956.

The observation was made while hearing a revision petition against a Family Court order granting maintenance to petitioner's wife and daughter. One of the main questions before the Court was whether an unmarried daughter can claim maintenance under Section 125(1) of CrPC even after attaining majority. 

The Counsel appearing Revision Petitioner submitted that no evidence has been submitted to substantiate that the daughter suffers from any physical or mental abnormality or injury or that she could not maintain herself. The Counsel relied on the Apex Court decision in Abilasha v. Prakash & Ors to substantiate his arguments. 

The Court on evaluation of the evidence observed that no evidence was let in to show that the daughter (2nd respondent) has any physical or mental abnormality, or she has any injury so that she could not maintain herself and, therefore, grant of maintenance to the 2nd respondent, from the date of attaining majority, is erroneous and thereby the Court observed that the order impugned stands set aside to that extent, limiting entitlement of maintenance to the 2nd respondent till the date she attained majority.

The Court however upheld the maintenance granted the the Revision Petitioner's wife (1st respondent).

Advocates K. P. Sujesh Kumar and Bijukumar appeared for the Revision Petitioner.

Advocates S. Rajeev, K.K. Dheerendrakrishnan and Public Prosecutor G. Sudheer appeared for the Respondents.

Case Title: Gireesh Kumar N v. Rajani K V and Anr. 

Citation: 2023 LiveLaw (Ker) 46

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