law of maintainance
Querist :
Anonymous
(Querist) 08 May 2010
This query is : Resolved
Is Hindu illegimate son and illegimate widow daughter is entitled to get maintanance from parrents?
A V Vishal
(Expert) 08 May 2010
S.125.Cr.P.C: Order for maintenance of wives, children and parents.
(1) If any person leaving 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
However, in case of a widowed daughter the maintenance can be claimed from the in-laws subject to the provisions of Hindu Adoption & Maintenance Act.
Virender Pankaj
(Expert) 08 May 2010
As per sec. 125 Cr.P.C
Legitimate or illegitimate minor child, whether married or not, unable to maintain itself,
or
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
As Per Hindu Adoption & Maintenance
the illegitimate widow daughter will not be entitled for maintenance from her parents as defined in section 21(ix) of The Hindu Adoption & Maintenance Act 1956.
Only unmarried illegitimate daughter can claim maintenance from her parents
