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kaushikbhadra   27 November 2017

Does an major unmarried daughter claim from her father for educational expenses ?

Mother divorced her husband i.e., the biological father of the girl when the girl was minor. The mother did not claim for anything during or after divorce. Now the girl is major and unmarried and Shee needs money to continue her education.

Is she in any way or by any means entitled to get money for her maintenance in any degree from her biological father ?


Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     28 November 2017

Yes, for Hindus, the unmarried daughter who has attained age of majority can claim maintenance from the father under section 20 of the Hindu Adoption and Maintenance Act, 1956.

The daughter can file petition under this provision in the Family Court of the district where she lives or her father is living and get suitable order if she has no means to maintain herself including fee for her higher education based on the income and financial capacity of the father.

KISHAN DUTT KALASKAR (Advocate)     29 November 2017

Section 20 in The Hindu Adoptions and Maintenance Act, 1956 20. Maintenance of children and aged parents.— (1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor. (3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. Explanation.—In this section “parent” includes a childless step-mother.


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