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Major Unwed Daughter with No Abnormality Cannot Claim Maintenance, Supreme Court Rules

Television journalists are seen exterior the premises of the Supreme Court in New Delhi, on January 22, 2020. (REUTERS/Anushree Fadnavis)

The bench famous that Section 20(3) of Hindu Adoptions and Maintenance Act, 1956 forged a statutory obligation of a Hindu to take care of his or her daughter, who’s single and is unable to take care of herself out of her personal earnings or different property.

  • IANS New Delhi
  • Last Updated: September 15, 2020, 11:21 PM IST

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The Supreme Court on Tuesday held {that a} daughter, who’s single, will not be entitled to assert upkeep from her father after changing into a significant, if she will not be struggling psychological or bodily abnormality.

A bench comprising Justices Ashok Bhushan, R Subhash Reddy and MR Shah stated: “Hindu Law always recognised the liability of father to maintain an unmarried daughter. Muslim Law also recognises the obligation of father to maintain his daughters until they are married.”






The bench famous that Section 20(3) of Hindu Adoptions and Maintenance Act, 1956 forged a statutory obligation of a Hindu to take care of his or her daughter, who’s single and is unable to take care of herself out of her personal earnings or different property.

“The obligation, which is cast on the father to maintain his unmarried daughter, can be enforced by her against her father, if she is unable to maintain herself, by enforcing her right under Section 20,” it stated.

The petitioner had filed an enchantment, difficult the order of the Punjab and Haryana High Court handed August 16, 2018, the place the court docket dismissed the applying underneath Section 482 Cr.P.C. praying for setting apart the order of the Judicial Magistrate First Class, in addition to the order dated February 17, 2014 handed by the Additional Sessions Judge, which held she is entitled to upkeep until April 2005 when she attains majority.

The Additional Sessions Judge held that as per provision of Section 125 Cr.P.C., the youngsters, who had attained majority, are entitled to upkeep, if by motive of any bodily or psychological abnormality or damage, they’re unable to take care of themselves.

The petitioner filed an enchantment within the apex court docket contending that as per Section 20, an individual has an obligation to take care of his daughter, until she is married. The petitioner, when she was a minor, had filed an utility underneath Section 125 Cr.P.C. earlier than a judicial Justice of the Peace in Rewari, which was disposed, limiting the declare of the appellant to assert upkeep until she attains majority. This order was upheld by the High Court additionally.

The petitioner claimed, even when she doesn’t undergo from any bodily or psychological abnormality or damage, by advantage of Section 20, she is entitled to upkeep until she is single. The apex court docket, dismissing the enchantment, gave liberty to the petitioner to take recourse to Section 20(3) of the Act, for claiming any upkeep towards her father.

The utility was filed by the mom of the appellant in 2002 claiming upkeep on her behalf in addition to on behalf of her two sons and the appellant, who was a minor at the moment.


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