Weather adult daughter maintenance can claime by her mother
Ajay Kumar Reddy
(Querist) 25 December 2020
This query is : Resolved
Respected Expert,
I am Ajay Kumar Reddy, I have received divorce on 15/04/2010. I have 2 children one is son at this time he is at the age of 27yr & one is daughter at this time she is in the age of 22yr. My quarry is following:-
1. I got maintenance order from Honourable Family court Judge under 125CRPC for my adult daughter on 21Jan 2018. This application was filed 127 on the year of 2014. My Ex-wife is not getting any maintenance from me because she is working. My ex-wife claim maintenance money under section 125/3 in the Honourable Family court Judge. Weather My Ex-wife can claim maintenance amount money of adult daughter by giving Power of Attorney.
Regarding on this matter there is any Supreme Court Judgement that Adult daughter can claim maintenance amount from his father not by claimed by mother in behalf of daughter?
2. As per the new 125 CRPC SC judgement of daughter, She can’t claim under section 125CRPC. She will get maintenance under section 20 of Hindu adaption Act?
If I will pursue the application then weather mother can contest in behalf of daughter by giving Power of Attorney?
Please resolve my 2 quarries and oblige me.
Thanking You,
Ajay Kumar Reddy
Ajay Kumar Reddy
(Querist) 25 December 2020
My adult daughter mentally & Physically sound.
Advocate Bhartesh goyal
(Expert) 25 December 2020
Yes,As per recent judgment of Hon'ble S.C in appeal no 615/2020 decided on 15-09-2020,titled Abhilasha vs Prakash, unmarried adult daughter can claim maintenance from her father. My opinion on your query is as under:-
( 1 ) If father and mother both are earning person in that case unmarried adult daughter can claim maintenance from anyone.
( 2 ) Mother can contest case on behalf of daughter if she has POA.
Rajendra K Goyal
(Expert) 26 December 2020
Agree with the advice from expert Advocate Bhartesh goyal.
Rajendra K Goyal
(Expert) 26 December 2020
Repeated query:
https://www.lawyersclubindia.com/experts/weather-adult-daughter-maintenance-can-claime-by-her-mother-726901.asp
P. Venu
(Expert) 26 December 2020
In the context of the query raised, the relevant extracts of the Judgment repays study:
"12. The Act, 1956 was enacted to amend and codify the law relating to adoptions and maintenance among Hindus. A bare perusal of Section 125(1) Cr.P.C. as well as Section 20 of Act, 1956 indicates that whereas Section 125 Cr.P.C. limits the claim of
maintenance of a child until he or she attains majority. By virtue of Section 125(1)(c), an unmarried daughter even though she has attained majority is entitled for maintenance, where such unmarried daughter is by reason of any physical or
mental abnormality or injury is unable to maintain itself. The Scheme under Section 125(1) Cr.P.C., thus, contemplate that claim of maintenance by a daughter, who has attained majority is admissible only when by reason of any physical or mental
abnormality or injury, she is unable to maintain herself. In the present case, the Revisional Court has returned a finding that appellant is not suffering from any physical or mental abnormality or injury due to which she is unable to maintain
herself. The above findings are not even questioned before us. What is contended that even if she is not suffering from any physical or mental abnormality or injury, by virtue of Section 20 of Act, 1956, she is entitled to claim maintenance till she is unmarried.
......................................................................................................................................................................................................................................................................................
"38. We, thus, accept the submission of the learned counsel for the appellant that as a preposition of law, an unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the 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.
"39. In facts of the present case the ends of justice be served by giving liberty to the appellant to take recourse to Section 20(3) of the Act, 1956, if so advised, for claiming any maintenance against her father. Subject to liberty as above, the appeal is dismissed."
Based on the above ruling, it could be opined that no action maintainable by the major daughter under 125 CrPC and related provisions, but she can seek maintenance under Section 20 of the Hindu Adoption Act, :provided she pleads and proves that she is unable to maintain herself".
As a matter of procedure, the mother, as the PoA, can contest the case but a PoA has inherent limitations in pleading and proving the averments which are within the personal knowledge of the principal.
Dr J C Vashista
(Expert) 27 December 2020
Very well analysed and advised by experts, I endorse and appreciate the same.
Married / adult daughter is not entitled (except when she is unsound mind) for any maintenance from her parents/ brother etc.but from her husband.
Dr J C Vashista
(Expert) 28 December 2020
Why did you repeat same story time and again, which is absurd and ridiculous.
It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding if you are not satisfied with FREE OF COST obligation of experts.
Ajay Kumar Reddy
(Querist) 28 December 2020
Respected sir,
I am ready to pay maintenance to my daughter but my legal question as follows :-
1. weather my daughter maintenance recovery fight under section by CRPC 125 (3) by my ex wife or not?
2. Application is put up under section 125 (3) by my ex wife by puttng the power of attorny? weather it is legal or legal?
My unmarried adult daughter has not attainded the court any time. I have not seen my daughter from last 10years. There is chance that my daughter got married. My wife always giving false statement with affidavit. So I asked above question.
Please clari my technical question & its legal consequence.
Regards,
Ajay Reddy
Guest
(Expert) 01 January 2021
You could claim Legally the Visitations Rights to see your Daughter. When you say you had not seen the Child /daughter for 10 years it confirms about your irresponsibility and affection to the child. Divorce granted is only to the husband and wife and not to the parents and children.When the Application is accepted by the Court you would have nothing to say and better start paying the Maintenance to your daughter claimed by her Mother.
