Monday, 7 February 2022

ABHILASHA V. PRAKASH AND ORS.

 ABHILASHA V. PRAKASH & ORS CRIMINAL APPEAL NO. 615 of 2020

(MAINTENANCE TO UNMARRIED DAUGHTER UNDER SECTION 125 CRPC)

FACTS 

In this case an application was filed by the woman on behalf of her two sons, her daughter and herself under section 125 of CrPc against her husband for claiming maintenance before the court. The judicial magistrate in its judgement dismissed the appeal for appellant mother and her two sons whereas allowed the application for appellant number four the daughter. It was allowed that daughter will be given maintenance till the age she attains majority.

Aggrieved by the said judgement all the four appellants filed for criminal revision before the court of session judge. Here the additional session judge said that according to the provision of section 125 of crpc a child after attaining the majority is able to get maintenance only if he/she is suffering from any mental or physical injury or they are unable to maintain themselves. So, the additional session judge dismissed the appeal by just adding a point that the daughter will get maintenance till 26.04.2005 when she attains majority only as she is not suffering from any physical or mental injury.

Then challenging the order of additional session judge an application under section 482 crpc was filed before high court. The application filed under section 482 crpc was dismissed in the judgement dated 16.02.2018.

Hen an appeal was made in Supreme Court.

ISSUE INVOLVED 

Whether the appellant (daughter) is entitled to claim maintenance from her father as she has already attained the age of majority also, she is not even suffering from any mental or physical injury but she is still unmarried.

APPELLANT’S ARGUMENT 

The learned counsel relied upon the fact that the daughter is not entitled to get maintenance after she attains majority as she is not mentally or physically injured. The counsel referred to se0. Maintenance of children and aged parents—

SECTION 20(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.

RESPONDENT ARGUMENT

The learned counsel placed reliance on the point that the daughter was not entitled to maintenance after attaining majority as she is not mentally or physically injured.

JUDGEMENT 

The court held that an unmarried Hindu daughter can claim maintenance from her father till she is married, even if she is not physically or mentally injured. The court relied on Section 20(3) of the Hindu Adoptions and Maintenance Act 1956, provided she pleads and can prove that she is unable to maintain herself. Further, for the enforcement of this right, her application or suit has to be under Section 20 of the Hindu Adoptions and Maintenance Act 1956 rather than under Section 125 of Cr.P.C.

  



No comments:

Post a Comment

Equality before law

  Equality before law “The state shall not deny to any person equality before the law. Meaning of right to equality This means that every pe...