Whether unmarried Muslim daughter is entitled to get maintenance from her father?
BENGALURU: The Karnataka High Court has ruled in favour of an unwed major girl who has sought maintenance from her estranged father.
Allowing the girl’s petition, the court held that a mentally injured child is entitled for maintenance under the provisions of CrPC and that denial of maintenance will amount to mental injury. Justice K N Phaneendra was hearing a petition filed by 28-year-old Meharunnisa, against her father seeking maintenance of `3,000 per month from him.
In her petition, Mehrunnisa said she had approached her father Syed Habeeb, an officer with Karnataka State Reserve Police, for maintenance till her marriage. As Habeeb failed to respond, she approached the magistrate court.
The magistrate court allowed the petition and asked Habeeb to pay her maintenance till she got married. However, Habeeb challenged the order before the Tumakuru fast track court. The fast track court allowed Habeeb’s petition and set aside the order of the magistrate court. Following this, Meharunnisa approached the high court.
In her petition, Meharunnisa said that she is a major and a helpless woman, being incapable of maintaining herself. She contended that her father is employed in KSRP and is capable of maintaining her. She contended that he is bound to maintain her till her marriage.
Contesting the petition, Habeeb contended that he gave ‘talaq’ (divorce) to his wife, the mother of Mehrunnissa, on February 19, 1993. During that time, his daughter was eight years old. He contended that at that time, when he sought Meharunnisa’s custody, her mother refused and assured him that she would take care of her. Hence, he is not liable to maintain the daughter, he contended.
Habeeb also contended that Meharunnisa is working at KGM Engineering Works in KIADB (Karnataka Industrial Areas Development Board) at Tumakuru and getting a salary of `3,000 per month. Therefore, she can maintain herself.
Justice Phaneendra, after hearing the contentions of both, observed, “It is to be noted only major daughters whether Hindu, Muhammadan, Parsi or Christian, wherever their rights are recognized under any other personal law or statute, are entitled for maintenance at the hands of their father or anybody till they get married, if they are unable to maintain themselves and the father is capable of maintaining them.
“If the right to claim maintenance of that lady is infringed, definitely it can be called as an injury which can very well fit into the definition of mental injury,” observed the judge. He also referred to provisions of Sec 125 of CrPc, which asks a father to maintain his mentally injured child.
The court further held that the father has violated his obligation by neglecting and refusing to maintain her. “No acceptable materials have been produced to show that the petitioner has got any property in her name, or is gainfully employed to refuse maintenance. Therefore, she is entitled for maintenance till her marriage,” ordered Justice Phaneendra.
Karnataka High Court
Meharunnisa vs Syed Habeeb on 18 December, 2014
Author: K.N.Phaneendra
Citation; 2015 CRLJ1836
-https://www.lawweb.in/2015/06/whether-unmarried-muslim-daughter-is.html
