ASHOK BHUSHAN, R. SUBHASH REDDY, M. R. SHAH
ABHILASHA – Appellant
Versus
PARKASH – Respondent
Based on the provided legal document, the key points are as follows:
A Magistrate deciding proceedings under Section 125 Cr.P.C. cannot exercise jurisdiction under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. The proceedings under Section 125 Cr.P.C. are summary in nature and do not involve the larger rights available under the Civil Law, which are to be determined in a civil court under Section 20 of the Act (!) (!) (!) (!) .
An unmarried Hindu daughter has a statutory right to claim maintenance from her father until she is married, relying on Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. This right is enforceable through a civil suit or application under Section 20, provided she proves her inability to maintain herself (!) (!) (!) (!) (!) (!) .
The concept of maintenance under the Hindu Law, as recognized prior to the enactment of the Act, includes the obligation of the father to maintain his unmarried daughters. This obligation is now codified in Section 20(3), making it a statutory duty for Hindus to maintain their unmarried daughters who are unable to support themselves (!) (!) (!) .
Maintenance under the Hindu Adoptions and Maintenance Act, 1956, is a broader concept than the maintenance provided under Section 125 Cr.P.C. It encompasses expenses related to food, clothing, residence, education, medical treatment, and even expenses related to marriage for an unmarried daughter (!) (!) (!) .
Proceedings under Section 125 Cr.P.C. are meant to provide immediate relief in a summary manner, whereas claims under Section 20 of the Act involve larger rights that require determination in a civil court. The legislature did not intend for Magistrates exercising jurisdiction under Section 125 to decide the claims that are properly under the civil law (!) (!) .
The orders passed by Magistrates and appellate courts limiting maintenance claims to the period until the daughter attains majority are correct when the daughter is not suffering from any physical or mental abnormality or injury. However, if the daughter is unable to maintain herself due to inability, she can pursue a claim under Section 20(3) of the Act, which can be enforced in a civil court (!) (!) (!) .
The right of an unmarried daughter to claim maintenance from her father continues until she is married, as recognized under Section 20(3), which is a statutory right derived from personal law. This right can be enforced through a civil suit or application (!) (!) (!) .
The jurisdiction of Family Courts and Magistrates differs; Family Courts have jurisdiction over cases involving larger claims of maintenance under the civil law, including claims by unmarried daughters beyond the period of majority, while Magistrates are limited to summary proceedings under Section 125 Cr.P.C. (!) (!) .
The law recognizes the obligation of the father to maintain his unmarried daughter who is unable to support herself, and this obligation persists until she gets married or the court finds she can maintain herself (!) (!) .
The legal framework emphasizes that the rights under Section 20 of the Act are larger and more comprehensive, and a daughter claiming maintenance under this section must prove her inability to support herself. If she does so, she can claim maintenance even after attaining majority until her marriage or until she is able to maintain herself (!) (!) .
In summary, a Hindu unmarried daughter has a statutory right to claim maintenance from her father until she is married, which can be enforced through civil proceedings under Section 20 of the Hindu Adoptions and Maintenance Act, 1956. Proceedings under Section 125 Cr.P.C. are limited to temporary relief and do not extend to larger claims of maintenance, especially after the daughter attains majority and is not suffering from any incapacity.
JUDGMENT
ASHOK BHUSHAN,J. Leave granted.
2. This appeal has been filed by the appellant, daughter of respondent Nos. 1 and 2, challenging the order of the High Court of Punjab and Haryana at Chandigarh dated 16.08.2018 by which order the High Court dismissed the application under Section 482 Cr.P.C. filed by the appellant praying for setting aside the order of the Judicial Magistrate First Class, Rewari dated 16.02.2011 as well as the order dated 17.02.2014 passed by the Additional Sessions Judge, Rewari.
3. The brief facts necessary to be noticed for deciding this appeal are:-
3.1 The respondent No.2, mother of the appellant, on her behalf, as well as on behalf of her two sons and the appellant daughter, filed an application under Section 125 Cr.P.C. against her husband, the respondent No.1, Parkash, claiming maintenance for herself and her three children. The learned Judicial Magistrate vide its judgment dated 16.02.2011 dismissed the application under Section 125 Cr.P.C. of the applicant Nos. 1, 2 and 3 and allowed the same for applicant No.4 (appellant before us) for grant of maintenance till she attains majority.
3.2 Aggrieved against the judgment dated 16.02.2011, all the four a
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