Lawstreet Journal

Major Unmarried Daughter not Suffering from Abnormality Not Entitled to Claim Maintenance from Father under S 125 of CrPC: SC [READ JUDGMENT]

Lawstreet Journal 17 Sep 2020 7:05pm

Image courtesy: Lawstreet Journal Judiciary Major Unmarried Daughter not Suffering from Abnormality Not Entitled to Claim Maintenance from Father under S 125 of CrPC: SC [READ JUDGMENT]

A Supreme Court Bench headed by Hon’ble Justice Ashok Bhushan has passed an order holding that a major daughter who is unmarried is no longer entitled to claims of maintenance from her father under Section 125 of CrPC. This is applicable to those major daughters who have not been suffering from any physical or mental injury.

Section 125(1)(c) of CrPC reads, “If any person having sufficient means neglects or refuses to maintain his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause.” 

The bench has not taken away the maintenance rights of unmarried and minor daughters. In the order, the Bench held that an unmarried Hindu daughter can claim maintenance under Section 20(3) of the Hindu Adoptions & Maintenance Act, 1956 until the daughter gets married

Section 20 (3) of the Act reads, “The obligation of a person to maintain his or her aged or… Continue Reading...


Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.