CASE TITLE:
Girish Kumar v. Rajni K.V.
DATE OF ORDER:
25 January 2023
JUDGE(S):
Justice A Badharudeen
SUBJECT
The learned Kerala High Court held that a major unmarried daughter of a Hindu is not entitled to maintenance u/s 125 CrPC unless she suffers from any physical or mental abnormality. The Court, however, noted that an alternative remedy exists for the same u/s 20 of Hindu Adoption and Maintenance Act, 1956.
IMPORTANT LEGAL PROVISIONS
- Section 125 CrPC- Clause ( c) provides that legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself can claim maintenance from the father
- Section 20(3) of Hindu Adoption and Maintenance Act, 1956- provides that he 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.
BRIEF FACTS OF THE CASE
- A revision petition was filed by the husband challenging the order of the Family Court holding him liable to pay a maintenance of Rs. 10,000 to his wife and Rs. 8,000 to his daughter.
- The daughter was a minor when the order was made but has now turned into a major.
ARGUMENTS ADVANCED BY THE PETITIONER
- It is argued by the learned counsel for the petitioner that Family Court erred in considering the actual income of the revision petitioner. According to learned counsel, his client earned only Rs. 500 per month.
- It was also argued that since the daughter has now become a major she can not clain maintenance u/s 125 CrPC. To claim maintenance, such unmarried daughter shall file a petition u/s 20 of Hindu Adoption and Maintenance Act.
- An unmarried daughter, who has attained majority can claim maintenance u/s 125 CrPC only when she suffers from any physical or mental abnormalities.
ARGUMENTS ADVANCED BY THE RESPONDENT
- The learned counsel for the respondent submitted that the Assam Act is repugnant to the Indian Medical Association , 1956.
- The learned counsel also submitted that an unmarried daughter, who has attained majority is liable to maintenance from her father if she is unable to maintain herself.
LEGAL ISSUE
- Whether an unmarried daughter can claim allowance of maintenance under Section 125(1) of Cr.P.C even after attaining majority? If so, on what contingency?
- Is there any other enabling provision of law for a Hindu unmarried daughter to claim maintenance dehors the provision under Section 125 of Cr.P.C?
ANALYSIS BY THE COURT
- The Court observed that u/s 125 CrPC, an unmarried daughter after attaining majority can not claim maintenance under ordinary circumstances like, merely on the ground that she can not maintain herself.
- It is only when such major unmarried daughter is suffering from any physical or mental abnormality can she claim maintenance u/s 125 CrPC.
- The alternative remedy that is available to such major unmarried daughter is of filing a petition u/s 20 of Hindu Adoption and Maintenance Act. However, to succeed under this section, she has to prove that she is unable to maintain herself.
- The Court noted that no evidence exist on record to show that the daughter was suffering from any physical or mental abnormality.
CONCLUSION
The light of the above observations made, the learned Court concluded that the daughter would not be entitled to any maintenance as ordered by the Family Court after attaining majority. The Court however upheld the order of the Family Court in case of the maintenance to wife and to the daughter until she attained majority.
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