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Karan Arora
(Querist) 19 March 2014
This query is : Resolved
A Muslim unmarried girl who is staying with her mother. Her father has already divorced her mother. Can she still claim maintenance from her father. She is unable to maintain herself. and whether there is any fundamental right involved in it. Can maintenance be claimed as a fundamental right?
Devajyoti Barman
(Expert) 19 March 2014
Yes, both the mother and the girl can claim maintenance from the person u/s 125 crpc.
Rajendra K Goyal
(Expert) 20 March 2014
Well advised, agree with the expert Devajyoti Barman ji.
Karan Arora
(Querist) 20 March 2014
but under sec. 125 Crpc, if girl has attained majority and is abnormal or injured then only she can claim maintenance. What abt others? Whether a girl who has attained majority but is of sound mind can claim maintenence from her father who has divorced her mother.
Biswanath Roy
(Expert) 20 March 2014
A muslim daughter of a divorced wife CAN CLAIM maintenance from her father till she gets married u/s.125 Cr.PC although she is not abnormal or physically injured and is a girl of sound mind. This right of the muslim girl is unaffected by sec.3(1)(b) of the Muslim Women ( Protection of rights and Divorce) Act,1986
Karan Arora
(Querist) 20 March 2014
thank u Mr.Roy for the reply.
Devajyoti Barman
(Expert) 21 March 2014
Majority is for male child only. The girl child can claim maintenance even after majority if she is not married as yet.
V R SHROFF
(Expert) 21 March 2014
Agreed with Shri Roy & Shri Barman
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
Yes the Muslim girl is entitled to get maintenance from her father until the period she is not married to someone.
ajay sethi
(Expert) 23 March 2014
agree with Mr barman
