DERA MEMBERS,
ARE MAJOR DAUGHTERS ENTITLED FOR MAINTANANCE UNDER DV ACT.IF SO PLZ CITE ANY CASE LAW
mohamed haseeb ahmed 25 June 2020
DERA MEMBERS,
ARE MAJOR DAUGHTERS ENTITLED FOR MAINTANANCE UNDER DV ACT.IF SO PLZ CITE ANY CASE LAW
175B083 Mahesh P S 06 January 2021
Hello,
Yes, provided she’s unmarried.
Abhilasha v. Prakash, 2020 SCC OnLine SC 736 , decided on 15.09.2020]
The 3-judge bench of Ashok Bhushan. R. Subhash Reddy and MR shah, JJ has held that an unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Hindu Adoptions & Maintenance Act, 1956, provided she pleads and proves that she is unable to maintain herself, for enforcement of which right her application/suit has to be under Section 20 of Act, 1956.
On facts, the Court noticed that since the application was filed under Section 125 Cr.P.C. before Judicial Magistrate First Class, the Magistrate while deciding proceedings under Section 125 Cr.P.C. could not have exercised the jurisdiction under Section 20(3) of Act, 1956. Hence, there is no infirmity in the order of the Judicial Magistrate First Class as well as learned Additional Magistrate in not granting maintenance to appellant who had become major.
Thank you
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