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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J.
Gireesh Kumar N. – Appellant
Versus
Rajani K.V. – Responden
R.P.F.C No.503 of 2017
Decided On : 25-01-2023
maintenance - Hindu Adoptions and Maintenance Act, 1956 - Section 20 - The court relied on Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 to establish that an unmarried Hindu daughter can claim maintenance from her father till she is married. The court emphasized that the daughter must plead and prove that she is unable to maintain herself. The court also discussed the purpose and object of Section 125 of the Code of Criminal Procedure, which provides immediate relief to applicants in summary proceedings.
Fact of the Case:
The revision petitioner, who is the respondent in M.C.No.252/2016, filed a Revision Petition under Section 397 and 401 of the Code of Criminal Procedure. The questions before the court were whether an unmarried daughter can claim maintenance under Section 125(1) of Cr.P.C even after attaining majority, and whether there is any other enabling provision of law for a Hindu unmarried daughter to claim maintenance. The Family Court granted maintenance to the wife and daughter of the revision petitioner. The revision petitioner argued that the maintenance granted was on the higher side and that the unmarried daughter, who had attained majority, could not claim maintenance under Section 125 of Cr.P.C. The Apex Court decision in Abhilasha v. Parkash & Ors was cited, which held that an unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. The court held that an unmarried daughter, who attained majority, could not claim maintenance under Section 125 of Cr.P.C unless she pleads and proves that she is unable to maintain herself due to any physical or mental abnormality or injury. The court found no evidence to show that the daughter in this case had any such abnormality or injury, and therefore set aside the order granting maintenance to her from the date of attaining majority. The court confirmed the maintenance granted to the wife as reasonable.
Finding of the Court:
The court analyzed the provisions of Section 125 of Cr.P.C and Section 20 of the Hindu Adoptions and Maintenance Act, 1956. It relied on the decision in Abhilasha v. Parkash & Ors to establish that an unmarried Hindu daughter can claim maintenance from her father till she is married under Section 20(3) of the Act. The court also discussed the purpose and object of Section 125 of Cr.P.C, which provides immediate relief to applicants in summary proceedings. It concluded that an unmarried daughter, who attained majority, could not claim maintenance under Section 125 of Cr.P.C unless she pleads and proves that she is unable to maintain herself due to any physical or mental abnormality or injury. The court found no evidence to support such a claim in this case.
Ratio Decidendi: An unmarried Hindu daughter can claim maintenance from her father till she is married under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. However, an unmarried daughter, who attained majority, can only claim maintenance under Section 125 of Cr.P.C if she pleads and proves that she is unable to maintain herself due to any physical or mental abnormality or injury.
Result: The court set aside the order granting maintenance to the daughter from the date of attaining majority, as there was no evidence to show that she had any physical or mental abnormality or injury. The court confirmed the maintenance granted to the wife as reasonable.
ORDER
This Revision Petition has been filed under Section 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C' for short) and the revision petitioner is the respondent in M.C.No.252/2016 on the files of the Family Court, Thiruvananthapuram. The respondents herein are the original petitioners in the above M.C.
2. Heard the learned counsel for the revision petitioner as well as the learned counsel appearing for the respondents.
3. The questions emanate in this revision petitioner are:
(ii) 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?
4. The 1 st respondent herein is the wife of the revision petitioner and the 2 nd respondent is the daughter of the revision petitioner, aged 17 years during 2016. The respondents had approached the Family Court with prayer to grant allowance of maintenance on the submission that they did not have means of maintenance. Further, it was contended that the revision petitioner, who had been conducting “He `N' She Dress Makers”, had been earning Rs.40,000/- per day and, therefore, he could pay maintenance to the tune of Rs.50,000/- to the 1st respondent and Rs.25,000/- to the 2nd respondent.
5. The revision petitioner filed objection and resisted the contention. According to him, he had been working in a tailoring shop on a daily wage basis and had been getting Rs.500/- as daily wage. He had denied the business and also denied the illicit relationship alleged against him.
6. The Family Court ventured the matter. The 1st respondent examined as PW1 and the revision petitioner got examined as CPW1. Exts.B1 to B3 were marked on the side of the revision petitioner.
7. The Family Court, on the basis of the evidence, granted Rs.10,000/- and Rs.8,000/- as maintenance to the 1st and 2nd respondents respectively per month from the date of filing of the petition (1.7.2016).
8. The learned counsel for the revision petitioner zealously argued that the Family Court failed to consider the income of the revision petitioner. Admittedly the revision petitioner was getting Rs.500/- per day while working in the tailoring shop as a manager, and, therefore, the maintenance granted to the respondents is on higher side and the same requires interference. It is pointed out further that the 2nd respondent herein was aged 17 years during 2016 and during 2017, she became major. Therefore, she could not claim maintenance under Section 125 of Cr.P.C. He also pointed out that in order to sustain claim of maintenance at the instance of an unmarried daughter, belongs to Hindu community, she should file a petition under Section 20 of the Hindu Adoptions and Maintenance Act, 1956, and in a petition filed under Section 125 of Cr.P.C an unmarried daughter, who attained majority, could not claim maintenance after attaining majority. In this connection, the learned counsel for the revision petitioner placed a decision of the Apex Court reported in [2020 (5) KHC 235 : AIR 2020 SC 4355 : 2020 (6) KLT 341 : 2020 KLJ 814], Abhilasha v. Parkash & Ors. In the said decision the Apex Court considered the questions and held as under:
9. While answering the said queries, the Apex Court held as under:
An unmarried Hindu daughter can claim maintenance from her father till she is married under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. However, an unmarried daughter, who attaine....
An unmarried Hindu daughter can claim maintenance from her father till she is married resorting to S.20(3) of Hindu Adoptions and Maintenance Act, 1956.
(1) Maintenance – Unmarried major Hindu daughter can claim maintenance from her father – However, unmarried Christian daughter who has attained majority is not entitled to claim maintenance from her ....
The main legal point established is that the right of an unmarried daughter for maintenance from her father, even after attaining majority, is recognized under Section 20(3) of the Hindu Adoption and....
A daughter who has attained majority is not entitled to maintenance under Section 125 Cr.P.C. unless she is unable to maintain herself due to physical or mental abnormality.
Unmarried daughters are entitled to maintenance from their father even after attaining majority if unable to support themselves, as per Hindu Adoptions and Maintenance Act.
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
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