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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR
Anurag Pandey – Appellant
Versus
State Of U.P. Thru. Addl. Prin. Secy. Home Lko. – Respondent
| Table of Content |
|---|
| 1. final ruling and order for the case (Para 1 , 26) |
| 2. discussion on maintenance application under crpc (Para 2 , 3 , 4) |
| 3. interpretation of sections 125 and 20 of maintenance laws (Para 7 , 9 , 10 , 11) |
| 4. section interpretations for maintenance (Para 8) |
| 5. jurisdiction of family courts under respective acts (Para 17 , 18 , 19) |
| 6. clarification on maintenance claims for major daughters (Para 22 , 24 , 25) |
JUDGMENT :
RAJNISH KUMAR, J
1. Heard Shri Amit Kumar Singh, learned counsel for the revisionist, learned AGA and Shri Rohit Singh Parmar, learned counsel for the respondent no. 2.
2. This Criminal Revision has been filed assailing the judgment and order dated 30.07.2024 passed in Criminal Misc. Case No. 280 of 2023; Kumari Neha Pandey vs. Anurag Pandey under Section 125 of CRIMINAL PROCEDURE CODE (here-in-after referred as CrPC) by Principal Judge, Family Court, District Sultanpur.
3. The sole argument advanced by learned counsel for the revisionist is that the respondent no. 2 is major in age and it was disclosed in the application under Section 125 CrPC itself, therefore, the maintenance could not have been allowed in the proceeding(s) under Section 125 CrPC and if th
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.
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.
An unmarried major daughter is entitled to maintenance under Section 20 of HAMA Act, despite her age, if she is unable to maintain herself.
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....
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....
Broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of t....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
Under Section 125 Cr.P.C., it has not been specifically provided that the father-in-law is liable to maintain his daughter-in-law and her children who are unable to maintain themselves.
Maintenance – Liability to maintain a minor child is always on “any person” – “Person” would include both male and female.
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