Bombay HC: Major Unmarried Daughter can Claim Maintenance u/S 125 CrPC

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April 10, 2018

Case name: Agnes Lily Irudaya v. Irudaya kani Arsan

Date of Judgement: April 06, 2018

In the present case, the Petitioner mother claimed maintenance for her major daughter under Section 125 of the Code of Criminal Procedure and the legal issue involved was whether a major daughter is entitled for maintenance under Section 125 of the Code of Criminal Procedure.

Also read Landmark Judgments of 2017 on Maintenance

The petitioner contended that though the daughter has attained majority, she was financially dependent on the mother. On the other hand the Respondent father argued that the major daughter was not entitled to any maintenance and by virtue of law under Section 125 of the CrPC, he is not bound to maintain major children.

The Family Court in the case dismissed the Petitioner’s prayer for maintenance, aggrieved by which the Petitioner approached the High Court of Bombay.

In appeal, the High Court set aside Family Court’s order on the following counts:

That perusal of Section 125 of the CrPC would reveal that the said provision enables a wife, a legitimate or illegitimate minor child who has attained majority but unable to maintain itself on account of physical or mental abnormality or injury and a father or mother can claim maintenance, if there is neglect or refusal to maintain and if they are unable to maintain themselves.

What is pertinent to note in Section 125 of the CrPC is the neglect or refusal on the part of a part of a person having sufficient means to maintain his wife, legitimate or illegitimate minor unable to maintain themselves.

To arrive at its decision, the Bombay High Court relied upon its Division Bench judgment in the case of Vijaykumar   Jagdishrai   Chawla   vs.   Reeta   Vijaykumar   Chawala[1], wherein the Court while dealing with similar issue as to whether unmarried daughter is entitled to receive amount of maintenance from her father or mother so long she is unable to maintain herself out of her   own   earnings held that the father   cannot   be   extricated   from   his   liability   to   maintain   his unmarried daughter.

Hence, the Bombay High Court in the case held that the unmarried daughter though attained majority is entitled to claim maintenance from her father.

The entire case can be accessed here.

Related Videos:

Claiming maintenance under Section 125 CrPC – How to file a case ?

[1] III (2011) DMC 687