An interesting question cropped up in this revision; whether an order directing a Hindu father to pay maintenance to his unmarried daughter under Section 20 (1)(d) of the Protection of Women from Domestic Violence Act, 2005 (D.V.Act) has the character of an order for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (Code) or maintenance under (3) of the Hindu Adoption and Maintenance Act, 1956 (Maintenance Act)?

2. The petitioner is the daughter of the respondent. The petitioner, through her mother, filed C.M.P.No.3755 of 2009 before the Additional Chief Judicial Magistrate (Economic Offence) Court, Ernakulam claiming maintenance. She was aged 14 years at that time. The Magistrate in exercise of the powers under Section 20 (1)(d) of the D.V.Act ordered the respondent to pay monthly maintenance at the rate of Rs.2,000/-. An appeal was filed by the respondent, but it was unsuccessful. She attained majority on 02.07.2012. However, the respondent continued to pay the amount of maintenance till April, 2015. He then filed C.M.P.No.2415 of 2015 seeking to exempt him from making continued payment of maintenance.

3. The contentions of the respondent were two fold