AI Overview...
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Section 127 Cr.P.C. and Major Daughter - Main Points and Insights
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Entitlement of Major Daughters to Maintenance: Several cases clarify that a daughter who has attained majority may still claim maintenance under Section 127 Cr.P.C., especially if she is unable to maintain herself or if circumstances warrant (e.g., illness, disability). For example, in Indap00000063118, the Family Court ordered maintenance for a daughter who had become major, after considering the evidence. Similarly, in 00400056334, the Court held that even if a daughter is major, she may still be entitled to maintenance if she is unable to maintain herself.
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Disputes over Age and Rights: Courts have addressed disputes where the husband contends that the daughter is major and thus not entitled to maintenance. The general stance is that age alone does not bar a claim if the daughter is unable to maintain herself (see 00900027410, 00500028339). When the daughter is married and major, the husband's obligation under Section 127 may be limited or cease, but this depends on the specific circumstances.
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Change in Circumstances and Modification of Orders: Applications for modification of maintenance orders are considered when the daughter attains majority or circumstances change, such as marriage or employment (00800043670, 01700006711). Courts have held that such applications are maintainable, and maintenance can be continued or modified accordingly.
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Legal References and Principles:
- Section 125 Cr.P.C. generally covers maintenance for minors, but Section 127 extends provisions to adult dependents, including major daughters, if they are unable to maintain themselves.
- The Supreme Court and High Courts have emphasized that the primary consideration is the daughter's incapacity to maintain herself, not merely her age.
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Analysis and Conclusion
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A daughter who is major can claim maintenance under Section 127 Cr.P.C. if she is unable to maintain herself due to reasons like illness, disability, or other circumstances. Age alone does not disqualify her from claiming maintenance.
- Courts have consistently held that the entitlement to maintenance depends on the daughter's incapacity to maintain herself, and applications for enhancement or modification are permissible even after she attains majority.
- The legal position is that maintenance obligations under Section 127 are flexible and based on the daughter's needs and circumstances, not solely on her age.
References: - 00900027410, 02500077448, 00500028339, 00900042980, 00400056334, 00900013065, INDAP00000063118, 01300040037, 00800043670, 01700006711.
Search Results for "Cr P C Section 127 when Daughter is Major"
2009 0 Supreme(Cal) 318 • India - Calcutta
KISHORE KUMAR PRASAD
MAINTENANCE - SECTION 127 OF THE CODE OF CRIMINAL PROCEDURE - CHANGE IN CIRCUMSTANCES - ENHANCEMENT OF MAINTENANCE - MAJOR DAUGHTER ... The petitioner argued that the enhancement was erroneous, as the daughter was a major and not entitled to maintenance under Section ... under Section 127 of the Code of Criminal Procedure (CrPC). ... Shyamali Bhattacharya under Section 127 of the Code of Criminal ....
2016 0 Supreme(All) 324 • India - Allahabad
VIJAY LAKSHMI
of – Major daughter – In order to avoid multiplicity of litigation and on a combined reading of Section 125 Cr.P.C. and Section ... Criminal Procedure Code, 1973 – Sections 125 and 127 – Hindu Adoption and Maintenance Act, 1956 – Section 20(3) – Maintenance – Claim ... The Court below vide impugned order dated 13.3.2012 partly allowed the application moved under Section 127 Cr.P.C. whereby denying maintenance to the elder ....
• India - Crimes
VIJAY LAKSHMI
maintenance to destitute wife and minor daughter and accordingly it rejected prayer made by husband under Section 127 Cr.P.C. to ... Criminal Procedure Code, 1973—Section 127—Maintenance—Cancellation of— Court below did not find any good ground to quash order granting ... cancel grant of maintenance to destitute wife and minor daughter—However, considering fact that elder daughter has become major, ... The court below vide impugned order dated 13.3.2....
2020 0 Supreme(Cal) 394 • India - Calcutta
JAY SENGUPTA
Maintenance - Section 127 of the Code - The court dismissed the application praying for quashing of a proceeding under Section ... The court held that the petitioner could not preempt the proceeding under Section 127 and challenge it before the court on the same ... Fact of the Case: The petitioner sought to quash a proceeding under Section 127 of the Code, which pertained to the ... The daughter became a major and, in fact, got m....
2018 0 Supreme(Bom) 504 • India - Bombay
K.K.TATED, B.P.COLABAWALLA
majority - Husband resisted application under section 127 on ground that daughter had attained majority and would not be entitled ... wife filed application for enhancement of maintenance amount under section 127 of Code - By that time however daughter had attained ... to get maintenance - Court while adverting to decision of Apex Court in held that even if daughter had become major she was entitled ... The husband resisted the application under #HL_....
2002 0 Supreme(Cal) 143 • India - Calcutta
ARUNABHA BARUA
MAINTENANCE - SECTION 125 CR. P. C. - A HINDU FATHER IS LIABLE TO PAY MAINTENANCE TO HIS UNMARRIED MAJOR DAUGHTER. ... The wife filed a petition under Section 127 of the Code of Criminal Procedure for enhancement of maintenance, which was allowed by ... daughter. ... Case No. 92 of 1997 under section 127 of the Code of Criminal Procedure under which a petition filed by the wife under section 127 Cr. ... P. that the....
2025 Supreme(Online)(AP) 11254 • India - High Court of Andhra Pradesh
DR. Y. LAKSHMANA RAO, J
Section 127 of the Code of Criminal Procedure, 1973 was examined concerning the petitioner’s obligations to maintain his minor daughter ... The Family Court ordered a monthly allowance for the minor, now major, after considering the evidentiary materials. ... The learned Judge of the Family Court, after considering the entire material on record, passed an order under Section 127 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C ’). ... The respondent No.2 has become #H....
2024 0 Supreme(Guj) 1626 • India - Gujarat
GITA GOPI
... ... Ratio Decidendi: The court held that while Section 125 provides for minor dependents, a major daughter may still claim if ... (A) Criminal Procedure Code, 1973 - Section 125 and 127 - Maintenance Claim - The application for enhancement from Rs.2,000/- to ... The ruling emphasizes the non-applicability of Section 125 concerning major children unless they cannot maintain themselves. ... enhancement under Section 127 of the Cr....
2017 0 Supreme(Pat) 652 • India - Patna
BIRENDRA KUMAR
125 of the Cr.P.C. on the ground that the daughter had become major and married. ... the Case: The petitioner sought to quash an order passed by the Family Court refusing to modify a maintenance order under Section ... Issues: The main issue was whether the petitioner had the right to seek modification of the maintenance order under Section ... The petitioner had filed a petition on 5.4.2016 for modification of the maintenance order passed under Section 125 Cr.P.C. on the ground that the dau....
1998 0 Supreme(Raj) 34 • India - Rajasthan
SHIV KUMAR SHARMA
the grounds that the son had attained majority and the daughter would attain majority soon, and that the petitioner was employed ... MAINTENANCE - SECTION 125, 127 OF CRIMINAL PROCEDURE CODE - ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS - CHANGE IN CIRCUMSTANCES ... The non-petitioner, the husband, filed an application under Section 127 of the CrPC seeking to stop the maintenance allowance on ... The non-petitioner moved an application under Section 127, Crim....
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