Allahabad HC: Unmarried Daughter Has Right To get Maintenance Under Domestic Violence Act, Irrespective Of Her Religion & Age

In my opinion, in the above words, the Supreme Court has recognized that the scope of DV Act, 2005 is quite wide. The statement of object and reasons which finds place at the top of any particular enactment may be of utility while interpreting the provisions of law. The objective of enacting this Act has been worded as below:-

“An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matter connected therewith or incidental thereto.” {Para 12}

13. In my view the legislature, while enacting this Act had this realisation in mind that though existing provision of law provide for rights of maintenance to eligible persons, however the procedural delays defeat the very purpose. The enactment seeks to grant a quicker relief where the aggrieved woman has been subjected to domestic violence and was in a domestic relationship with the respondent. This explains the use of words “more effective protection to women”, hence it is being held that where a sufferer has a right to obtain maintenance as provided in criminal law or in civil law or personal law and that she has been subjected to domestic violence from a person who stood in domestic relationship, she may resort to quicker method of obtaining reliefs under section 12 of the Protection of Women from Domestic Violence Act, 2005.

14. From perusal of the judgments as have been referred to earlier, there remains no doubt that unmarried daughter, whether Hindu or Muslim has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts have to look for other laws applicable when the question pertains to right to be maintained. However, where issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under section 20 of the DV Act itself.

 ALLAHABAD HIGH COURT

MATTERS UNDER ARTICLE 227 No. - 3046 of 2023

 Naimullah Sheikh And Another Vs State Of U.P. And 3 Others

Author; Hon'ble Mrs. Jyotsna Sharma,J.

Delivered on 10.01.2024.

Neutral Citation No. - 2024:AHC:4853

Print Page

Hindu Adoption and maintenance Act 1956 (maintenance provisions only)

 Chapter III

MAINTENANCE

18. Maintenance of wife.—(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,—

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her;

(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;

(c) 13[* * *]

(d) if he has any other wife living;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere;

(f) if he has ceased to be a Hindu by conversion to another religion;

(g) if there is any other cause justifying her living separately.

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

Print Page

What is the difference between rights of major unmarried daughter to claim maintenance from her father U/S 125 of CRPC and U/S 20 (3) of Hindu Adoptions and Maintenance Act?

Section 20 of the Hindu

Adoptions and Maintenance Act, 1956, needs to be

noted, which provides for maintenance of children and

aged parents, which is as follows:-

“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.”

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. 

 Section 20(3) of Hindu Adoptions and Maintenance

Act, 1956 is nothing but recognition of principles of

Hindu Law regarding maintenance of children and aged

parents. Section 20(3) now makes it statutory

obligation of a Hindu to maintain his or her

daughter, who is unmarried and is unable to maintain

herself out of her own earnings or other property.

Unmarried

daughter is clearly entitled for maintenance from her

father till she is married even though she has become

major, which is a statutory right recognised by

Section 20(3) and can be enforced by unmarried

daughter in accordance with law.

33. There may be a case where the Family Court has

jurisdiction to decide a case under Section 125

Cr.P.C. as well as the suit under Section 20 of Act,

1956, in such eventuality, Family Court can exercise

jurisdiction under both the Acts and in an

appropriate case can grant maintenance to unmarried

daughter even though she has become major enforcing

her right under Section 20 of Act, 1956 so as to

avoid multiplicity of proceedings as observed by this

Court in the case of Jagdish Jugtawat (supra).

However the Magistrate in exercise of powers under

Section 125 Cr.P.C. cannot pass such order.

 The maintenance as contemplated under Act, 1956

is a larger concept as compared to concept of

maintenance under Section 125 Cr.P.C. Section 3(b) of Hindu Adoptions and Maintenance Act while defining maintenance gives an inclusive definition including marriage expenses 

The purpose and object of Section 125 Cr.P.C. as

noted above is to provide immediate relief to

applicant in a summary proceedings, whereas right

under Section 20 read with Section 3(b) of Act, 1956

contains larger right, which needs determination by a

Civil Court, hence for the larger claims as enshrined

under Section 20, the proceedings need to be

initiated under Section 20 of the Act and the

legislature never contemplated to burden the

Magistrate while exercising jurisdiction under

Section 125 Cr.P.C. to determine the claims

contemplated by Act, 1956.

 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.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 615 o f 2020

ABHILASHA  Vs  PARKASH 

Print Page

Supreme Court: Major unmarried daughter not suffering from any physical or mental abnormality can not claim maintenance from her father U/S 125 of CRPC

1) 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. 

2)  The purpose and object of Section 125 Cr.P.C. as

noted above is to provide immediate relief to

applicant in a summary proceedings, whereas right

under Section 20 read with Section 3(b) of Act, 1956

contains larger right, which needs determination by a

Civil Court, hence for the larger claims as enshrined

under Section 20, the proceedings need to be

initiated under Section 20 of the Act and the

legislature never contemplated to burden the

Magistrate while exercising jurisdiction under

Section 125 Cr.P.C. to determine the claims

contemplated by Act, 1956.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 615 o f 2020

ABHILASHA  Vs  PARKASH 

Author: ASHOK BHUSHAN,J.

Dated:September 15, 2020.

Print Page

Whether unmarried daughter is entitled to get maintenance under Hindu adoption and maintenance Act?

To our mind, this is a complete answer to the argument canvassed by Mr. Hegde on behalf of the Applicant - husband. In the facts before the Division Bench in the case of Madhavi Ramesh Dudani (supra) also no separate petition was filed under Section 20 of the Hindu Adoptions and Maintenance Act, 1956. This Court, to avoid multiplicity of proceedings and relying upon the provisions of Sections 20 and 21 of the Hindu Adoptions and Maintenance Act, 1956, opined that the daughters were entitled to maintenance as they had no income of their own and were unmarried. The facts before us are also almost identical. Even before us, the major daughter is taking an education and is unmarried. It is also not in dispute that she has no income of her own to sustain herself. In these facts, at least prima facie, we are fully satisfied that the order passed by the Family Court granting maintenance for the daughter does not require any interference at this stage by granting a stay in favour of the Applicant - husband.

14. We must also mention that the decision in the case of Madhavi Ramesh Dudani (supra) was relied upon by the another Division Bench of this Court in the case of Vijaykumar Jagdishrai Chawla v. Reeta Vijaykumar Chawla MANU/MH/1079/2011 : 2011(5) Mh.L.J. 724. In this decision also it has been held that the mother is competent to pursue the relief of maintenance for the daughter even though she had attained majority if she was staying with her and responsible for her maintenance and education. In fact, the very paragraph that we have reproduced earlier in the case of Madhavi Ramesh Dudani (supra) has been relied upon by the Division Bench in the case of Vijaykumar Jagdishrai Chawla (supra). Paragraphs 16, 17 and 18 of this decision (Vijaykumar Chawla) read thus-

"16. Going by the above exposition, the mother is competent to pursue relief of maintenance for the daughters even if they have become major, if the said daughters were staying with her and she was taking responsibility of their maintenance and education.

IN THE HIGH COURT OF BOMBAY

Civil Application No. 25 of 2017 in Family Court Appeal No. 194 of 2016

Decided On: 03.04.2018

Rajendra Mahadeo Deokule Vs. Suvarna Rajendra Deokule and Ors.

Hon'ble Judges/Coram:

K.K. Tated and B.P. Colabawalla, JJ.

Citation: 2018(3) MHLJ 901

Print Page