Maintenance of daughter
Querist :
Anonymous
(Querist) 28 October 2011
This query is : Resolved
SIR
1. What is the latest law of SC about maintenance of daughter up to age of majority or till the time she continues higher education and marries late?.
ajay sethi
(Expert) 28 October 2011
Section 20, of the hindu adoption and maintenace act Act, provides for a qualification for entitlement of maintenance. A major unmarried daughter is entitled to claim maintenance from her father only in case she is not able to maintain herself from her own income or other property.
Shonee Kapoor
(Expert) 28 October 2011
till marriage.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 28 October 2011
The section125 crpc makes it amply clear, no citation is needed.
Raj Kumar Makkad
(Expert) 28 October 2011
I re-produce relevant provisions of Hindu Adoption and Maintenance Act which are self explanatory:
Section 21. Dependants defined –For the purpose of this Chapter “dependants” mean the following relatives of the deceased:-
(i) his or her father;
(ii) his or her mother;
(iii) his widow, so long as she does not re-marry;
(iv) his or her son or the son of his predeceased son or the son of a predeceased son, so long as he is a minor; provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father’s or mother’s estate, and in the case of great grand-son, from the estate of his father or mother of father’s or father’s mother;
(v) his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried : provided and to the extent that she is unable to obtain maintenance, in the case of a grand-daughter from her father’s estate and in the case of great-grand-daughter from the estate of her father or mother of father’s father or father’s mother;
(vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance-
(a) from the estate of her husband, or
(b) from her son or daughter if any, or his her estate, or
(c) from her father-in-law or his father or the estate or either or them;
(vii) any widow of his son or of a son his predeceased son, so long as she does not remarry : provided and to the extent that she is unable to obtain maintenance from her husband’s estate or from her son or daughter, if any, or his or her estate, or in the case of a grandson’s widow, also from her father-in-law’s estate;
(viii) his or her minor illegitimate son, so long as he remains a minor;
(ix) his or her illegitimate daughter, so long as she remains unmarried.
Section 22. Maintenance of dependants;-
1. Subject to the provisions of sub-section (2) the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased.
2. Where a dependant has not obtained , by testamentary or intestate-succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.
3. The liability of each of the of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.
4. Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part, the value of which is, or would if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act.
Guest
(Expert) 29 October 2011
totally agree with Mr. Makkad
prabhakar singh
(Expert) 29 October 2011
The following extracted from Mr. Makkad quote
is the answer to your query:
"(v) his or her unmarried daughter, ............., so long as she remains unmarried : provided and to the extent that she is unable to obtain maintenance, ....................................mother;"
Shailesh Kr. Shah
(Expert) 29 October 2011
Section 125 crpc doen't help after majority of daughter unless She is, by reason of any physical or mental abnormality or injury unable to maintain itself.
Querist :
Anonymous
(Querist) 21 February 2016
EXCEELENT POINTS
Guest
(Expert) 21 February 2016
SO, MR. ANONYMOUS HAS AWAKEN FROM HIS SLEEP AFTER 4 YEARS TO RESPOND TO THE ANSWERS OF THE EXPERTS.
