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IN THE HIGH COURT OF ALLAHABAD
MANISH KUMAR NIGAM, J.
Awadhesh Singh – Appellant
Versus
State of Uttar Pradesh and Others – Respondents
Criminal Revision No. 83 of 2024, Criminal Revision No. 5926 of 2023
Decided On : 02-08-2024
Criminal Procedure Code, 1973 - Section 125 - Hindu Adoption and Maintenance Act, 1956 - Maintenance for wife and daughter - The Family Court awarded maintenance of Rs. 25,000/- to the wife and Rs. 20,000/- to the daughter - The husband contended that the daughter, having attained majority, was not entitled to maintenance under Section 125 - The court held that while a daughter may not claim maintenance under Section 125 after attaining majority, she may still claim under Section 20 of the Act of 1956 if unmarried and unable to maintain herself. (Paras 12, 52)
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Criminal Revision No. 83 of 2024 has been filed by husband/revisionist against the judgment and order dated 26.09.2023 passed by Principle Judge, Family Court, Hathras in Case No. 656 of 2009 (Smt. Urmila and another v. Awadhesh Singh) in proceedings under Section 125 Cr.P.C. granting maintenance of Rs. 25,000/- per month to the wife Smt. Urmila and Rs. 20,000/- per month to the daughter Km. Gauri Nandini from the date of order.
2. Criminal Revision No. 5926 of 2023 has been filed by the wife and daughter against the judgment and order dated 26.09.2023 passed by Principle Judge, Family Court, Hathras in Case No. 656 of 2009 (Smt. Urmila and another v. Awadhesh Singh) in proceedings under Section 125 Cr.P.C. initiated by the wife and daughter for enhancement of the maintenance as awarded by the order dated 16.09.2023.
3. Since both the revisions are against the same order, they are being decided together.
4. Heard Sri Vishnu Bihari Tewari, learned counsel for the revisionist in Criminal Revision No. 83 of 2024 and for the opposite party in Criminal Revision No. 5926 of 2023 and Sri Ashwani Kumar Yadav, learned counsel for the opposite party in Criminal Revision No. 83 of 2024 and for the revisionist in Criminal Revision No. 5926 of 2023.
5. Brief facts of the case are that an application under Section 125 Cr.P.C. was filed by Smt. Urmila and Km. Gauri Nandini aged about 4 years under the guardianship of her mother Smt. Urmila against Awdhesh Kumar Singh for maintenance on 05.10.2009. As per the aforesaid application, Smt. Urmila was married to Awdhesh Kumar Singh on 26.01.1992 as per the Hindu Rites. After marriage, Smt. Urmila was treated badly by her husband and in-laws. After one and a half year of the marriage, husband Awdhesh Kumar Singh filed a divorce petition being Case No. 381 of 1993 under Section 13 of Hindu Marriage Act. Couple was blessed with one daughter namely Km. Gauri Nandani - applicant No. 2 in the original application. It was further alleged that Smt. Urmila and her daughter were ill treated by the husband and his family members and ultimately she was thrown out of her matrimonial home along with her daughter on 09.02.2009. It was also alleged that the husband Awdhesh Kumar Singh was a permanent lecturer in D.A.V. Degree College, Kanpur and was earning about Rs. 81,000/- per month at the time of making the application. The applicant - wife had no means to maintain herself and her daughter and therefore, a prayer was made to award maintenance from the date of being turned out from the matrimonial home to the tune of Rs. 35,000/- per month. This application was filed on 05.10.2009.
6. The application was contested by the husband by filing the written statement denying the averments made in the application except for the birth of daughter and that the husband was employed as lecturer in D.A.V. Degree College, Kanpur. It was stated in the objections that the wife and his family members used to pressurize the husband to live separately from his parents and wife treated the husband with cruelty and therefore, an application for divorce was filed by the husband. Allegations of cruelty were denied and it was also stated that the applicant is M.A. passed and was taking tutions and earning about Rs. 8,000/- per month. It was also stated that the applicant had left the matrimonial home on 10.01.2010 and she had taken all the jewellery along with her. It had also been stated in the objections that the husband had taken a policy of Rs. 4,00,000/- in the name of his daughter and the premium of Rs. 18748/- was being paid by the father. After deduction of tax and G.P.F. carry home salary of the husband was Rs. 56,000/- per month. The objections were filed by the husband/revisionist on 09.07.2010.
7. The application under Section 125 Cr.P.C. was allowed by the Judicial Magistrate, Court No. 3, Hathras by its judgment and order dated 31.01.2013 awarding maintenance of Rs. 20,000/- per month to th
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.
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 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.
A wife can claim maintenance despite earning, and an unmarried daughter is entitled to maintenance until marriage, irrespective of majority status.
Sec.125 of the CrPC reads as order for maintenance of wives, children and parents.
The obligation to maintain dependents is continuous and independent of other proceedings, rooted in social justice provisions protecting vulnerable individuals.
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 Family Court having concurrent jurisdiction under Section 125 CrPC and Section 20 of the HAMA Act may grant maintenance to an unmarried major daughter, despite a defect in the filing, to prevent mu....
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