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RAM MANOHAR NARAYAN MISHRA
Kumari Nidhi Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the revisionist, learned counsel for the opposite party No.2, learned AGA for the State and perused the material placed on record.
2. By means of instant criminal revision, the revisionist has assailed the order dated 25.4.2022, passed by Additional Principal Judge, Family Court No.3, Kanpur Nagar, in Maintenance Case No.12 of 2017, under Section 125 Cr.P.C., whereby the application for maintenance moved by the revisionist, who is daughter of opposite party No.2 has been dismissed on the ground that she was not entitled to seek maintenance from her father after attaining age of majority, as under the provisions of Section 125 Cr.P.C., only minor children of a person are entitled to seek maintenance whether married or not.
3. The factual matrix of the case in brief which led to filing present revision are that the marriage of the revisionist’s mother and father was solemnized on 21.4.1994 and two children were born out of their wedlock, out of whom the applicant/revisionist is elder one. She was born on 13.9.1995 and her younger sibling born on 1.9.2000. The relations between the parents of the applicant got strained and father of the applicant f
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.
A father is liable to maintain his unmarried daughter only until she attains majority unless she proves inability to maintain herself due to physical or mental disability, per Section 125 CrPC.
A major daughter can only claim maintenance under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956, not under Section 125 CrPC unless incapacitated.
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.
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....
Point of Law : Right to claim maintenance must date back to the date of filing the application, since the period during which the maintenance proceedings remained pending is not within the control of....
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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