Whether unmarried daughter can claim maintenance

sujeet patil (Querist) 05 December 2013 This query is : Resolved
Whether unmarried daughter can claim maintenance from father when her mother is not alive?
Under section 125 crpc or under DV Act?

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Devajyoti Barman (Expert) 05 December 2013
yes she can u/s 125 crpc if she is not married.

prabhakar singh (Expert) 05 December 2013
yes! she can u/s 125 crpc and also under personal law.

Adv Archana Deshmukh (Expert) 05 December 2013
S. 125 crpc as well as DV Act both contains the provision for maintainance of daughter. DV should be resorted to only if there are incidences of domestic violence. For mere neglect to maintain by father, go under S.125 crpc.

Rajendra K Goyal (Expert) 06 December 2013
Yes it can be claimed and got. State full facts.

T. Kalaiselvan, Advocate (Expert) 07 December 2013
Adv Ms. Archana rightly advised. Without any violent incidents at home, the claim will be infructuous/nullified, hence, as a better option, it is advisable that Sec 125 of cr.P.C would be a right choice.

Raj Kumar Makkad (Expert) 08 December 2013
Yes is the only reply to your query.

R.V.RAO (Expert) 30 January 2014
yes under cr.p.c 125.
as rightly pointed by LCI members above, no need to invoke D.V.act unless warranted and evidenced.

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