Maintenance of female child

father

@ Author,

1. By both

2. Maintenence to minor(s) irrespective of gender of minor(s) are always co-extensive means shared by both.

3. Maintenance has not been defined in the Act or between the parents whose duty it is to maintain the children.

4. Hindu Marriage Act, 1955, Hindu Minority and Guardanship Act, 1956, Hindu Adoptions and Maintenance Act, 1956 and Hindu Succession Act, 1956 constitute a law  in a coded form for the Hindus. Unless there is anything repugnant to the context definition of a particular word could be lifted from any of the four Acts constituting the law to interpret a certain provision.

5. All these Acts are to be read in conjunction with one another and interpreted accordingly.

6. One has to therefore go to Hindu Adoptions and Maintenance Act, 1956 (for short the ‘Maintenance Act’) to understand the meaning of the ‘maintenance’. In Clause (b) of S. 3 of this Act “maintenance includes (i) in all cases, provisions for food, clothing residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage.” and under Clause (c) “minor means a person who has not completed his or her age of eighteen years,”

7. Apex Court has very well defined maint. to minors to be co-extensive in re. Padmja Sharma vs Ratan Lal Sharma on 28/3/2000.


8. The bald answer given by above time pass female member among us having no legal knowldge to be ignored.


BTW, in presented brief it seems due to some compulsion the subject spouse had a divorce minus settlement of maint. issue for minor (female whatever) child and inturn they themselves got settled respectively with re-marriage. However if both spouse  are now re-married then que. of maint. to minor child does not arise. It becomes now responsibility of her second husband. But the natural father out of concern for his first born child may on account of societal norms may still offer some help which is purely personal in nature and no laws of the land in presented briefs situation asks him to be liable to meet maint. now when his first wife is re-married.  


May be you need to re-phrase your briefs ! 


I offer myself for correction if any on legal points only.

BTW, in presented brief it seems due to some compulsion the subject spouse had a divorce minus settlement of maint. issue for minor (female whatever) child and inturn they themselves got settled respectively with re-marriage. However if both spouse  are now re-married then que. of maint. to minor child does not arise. It becomes now responsibility of her second husband. But the natural father out of concern for his first born child may on account of societal norms may still offer some help which is purely personal in nature and no laws of the land in presented briefs situation asks him to be liable to meet maint. now when his first wife is re-married.  

I want to know about this paragraph from other learned lawyers.

Dear Shashi

If the child want to maintenance then she can filed maintinance petition against her father as well as mother too and get the maintinance from both people. its depend on her age

please let me know the legal position of maintenance of unmarried female child u/s125 Cr.pc.

It may be noticed that Section 125(1) of Cr.P.C. reads as below :–

“Order for maintenance of wives, children and parents :– (1) If any person having sufficient means neglects or refuses to maintain–

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not unable to maintain itself, or

(c) 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, or

(d) his father or mother, unable to maintain himself or herself, 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:

 It is true that in Clause (b) of Section 125 of Cr.P.C., the word used are ‘his’ legitimate or illegitimate minor child,  However, it may be noted that the opening words occurring in Section 125 (1) of Cr.P.C., indicate that any ‘person’ having sufficient means on refusal or neglect can be directed to pay the amount of maintenance. The word ‘person’ in the above clause would include a male or a female. Hence, though in Clause (b) Section 125 (1) Cr.P.C., the word ‘his’ is used, it cannot mean and relate to only a male. It may be noticed in this connection that Section 8 of Indian Penal Code, 1860 lays down that the pronoun ‘he’ and its derivates are used for any person, whether male or female. Further, Section 13 (1) of the General Clauses Act 1897 provides that in all Central Acts and Regulations, unless there is anything repugnant in the subject or context, words importing the masculine gender shall be taken to include females

Therefore, the pronoun ‘his’ occurring in Section 125(1) (b) Cr.P.C.,would mean and include ‘male’ and ‘female’ both. In other words, both parents whether he or she , would be liable to pay maintenance to the minor child, if other conditions under Section 125 (1) of Cr.P.C., are fulfilled.