Nagpur Court Upholds Maintenance for Unmarried Daughter
The Bombay High Court mandates a father to provide ₹7,000 monthly to his unmarried daughter, reinforcing her right to maintenance.
Bombay High Court confirms monthly maintenance of ₹7,000 for an unmarried daughter.
Father's claim that daughter must seek relief under a different act was dismissed.
Court emphasizes that alternative legal remedies do not negate maintenance rights.
In a significant ruling, the Nagpur bench of the Bombay High Court has upheld a family court's directive requiring a father to pay ₹7,000 monthly maintenance to his unmarried adult daughter. This decision reinforces the daughter's entitlement to financial support despite her reaching the age of majority, underscoring that her claim under Section 125 of the Code of Criminal Procedure (CrPC) is valid.
The case originated from a family court order issued on December 7, 2019, which had initially denied maintenance to the mother, who was earning ₹40,000 monthly as a teacher. However, the court mandated the father, who earns ₹71,000 a month, to provide maintenance for their two children, including a minor son, at ₹7,000 each. The father challenged this ruling, arguing that his daughter, now 23, should seek relief under the Hindu Adoptions and Maintenance Act instead.
Justice Mehroz Pathan, presiding over the case, dismissed the father's revision application, citing a Supreme Court ruling that supports an unmarried daughter's right to maintenance. The father contended that the daughter needed to prove her inability to support herself under the 1956 Act, but the court found that the father failed to demonstrate that his daughter was financially independent.
The court's ruling is significant for the broader implications it holds for unmarried daughters seeking maintenance. It establishes that the existence of alternative legal remedies does not automatically negate a daughter's right to claim maintenance under the CrPC. The court noted that forcing the daughter to initiate new proceedings would only add to her difficulties, emphasizing the need for a supportive legal framework.
Looking ahead, the father has the option to present a change in circumstances regarding his son's eligibility for maintenance through an application under Section 127 of the CrPC. This ruling not only affirms the rights of unmarried daughters but also highlights the ongoing need for clarity in family law concerning maintenance obligations.
