Abhilasha v. Parkash
“Unmarried Daughters Have Right to Maintenance From Father Under Hindu Law”
TL;DR
The Supreme Court held that an unmarried daughter has a right to claim maintenance from her father under Section 20 of the Hindu Adoptions and Maintenance Act, 1956, even after attaining majority, provided she proves she is unable to maintain herself. While Section 125 CrPC limits maintenance to minor children, Hindu personal law provides a broader right to unmarried daughters.
The Bottom Line
If you are an unmarried daughter unable to maintain yourself, you can claim maintenance from your father under Hindu law even after turning 18. This is a right recognized under Hindu Adoptions and Maintenance Act, not just Section 125 CrPC.
Case Timeline
The journey from FIR to Supreme Court verdict
Maintenance Petition Filed
Mother filed Section 125 CrPC petition for herself and children
Maintenance Petition Filed
Mother filed Section 125 CrPC petition for herself and children
Trial Court Order
Maintenance granted to daughter only until majority
Trial Court Order
Maintenance granted to daughter only until majority
Supreme Court Judgment
Court clarified rights of unmarried daughters under Hindu law
Supreme Court Judgment
Court clarified rights of unmarried daughters under Hindu law
The Story
Abhilasha was the daughter of Parkash (respondent). Her mother had filed a maintenance application under Section 125 CrPC for herself and three children, including Abhilasha.
The trial court granted maintenance to the wife and children, but limited Abhilasha's entitlement only until she attained majority, as Section 125 CrPC provides maintenance only for minor children (except those unable to maintain themselves due to physical/mental abnormality).
The Sessions Court upheld this limitation. Abhilasha, who was unmarried and unable to maintain herself, challenged this before the Supreme Court, arguing that as an unmarried daughter under Hindu law, she had a right to maintenance from her father irrespective of her age.
The Supreme Court examined the interplay between Section 125 CrPC and Section 20 of the Hindu Adoptions and Maintenance Act, 1956.
Legal Issues
Click each question to reveal the Supreme Court's answer
Arguments
The battle of arguments before the Supreme Court
Petitioner
Vihaan Kumar
Hindu law recognizes maintenance obligation
Under traditional Hindu law, a father has an absolute obligation to maintain his unmarried daughter. Section 20 of HAMA codifies this principle.
Unable to maintain herself
The appellant is unmarried and unable to maintain herself financially. She should not be deprived of maintenance merely because she crossed 18.
DV Act provides remedy
Even under the Domestic Violence Act, daughters have a right to maintenance from parents.
Respondent
State of Haryana
Section 125 is clear
Section 125 CrPC clearly limits maintenance for children to minors only. Adult children must maintain themselves.
No disability
The appellant does not suffer from any physical or mental abnormality that would entitle her to maintenance under Section 125 exception.
Court's Analysis
How the Court reasoned its decision
The Supreme Court conducted a detailed analysis of the maintenance provisions under Section 125 CrPC and Hindu personal law. While acknowledging that Section 125 CrPC is limited for adult children, the Court emphasized that Hindu law provides a broader obligation on fathers to maintain unmarried daughters who are unable to maintain themselves.
An unmarried daughter has a right of maintenance under Section 125 CrPC till she attains majority or is covered by the exception in Section 125(1)(c). However, under Section 20(3) of the Hindu Adoptions and Maintenance Act, she has an absolute right to maintenance provided she is unable to maintain herself.
Distinguishes between CrPC and Hindu law maintenance rights.
Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 is a recognition of the principles of Hindu law, particularly the obligation of the father to maintain an unmarried daughter.
Recognizes statutory codification of Hindu law principles.
A conjoint reading of Section 2(a) and 2(f) of the DV Act would show that a daughter, who is or was living with her father in a domestic relationship by way of consanguinity, is entitled to seek reliefs including monetary relief.
Opens DV Act as an alternative remedy.
The Verdict
Relief Granted
The Court clarified that while Section 125 CrPC limits maintenance to minors, the appellant can pursue remedy under Section 20 of the Hindu Adoptions and Maintenance Act.
Directions Issued
- Unmarried daughters can claim maintenance under Section 20 of HAMA before civil courts
- Section 125 CrPC is limited to minor children (with exceptions)
- Domestic Violence Act provides alternative remedy for adult daughters
- Father's obligation under Hindu law to maintain unmarried daughter is well-recognized
Key Legal Principles Established
Section 125 CrPC maintenance for children is generally limited to minors.
Under Hindu law (Section 20 HAMA), fathers must maintain unmarried daughters who cannot maintain themselves.
The right under Section 20 HAMA is absolute and not limited by age.
The daughter must prove she is "unable to maintain herself."
Domestic Violence Act provides an additional remedy for daughters.
For HAMA claims, approach civil courts; for Section 125, approach Magistrate.
Physical or mental abnormality allows adult children to claim under Section 125 exception.
Key Takeaways
What different people should know from this case
- If you're an unmarried daughter unable to support yourself, you can claim maintenance from your father under Hindu law.
- Section 125 CrPC maintenance stops at 18 (unless you have disability).
- File under Section 20 of Hindu Adoptions and Maintenance Act in civil court, not under Section 125.
- You can also file under Domestic Violence Act if applicable.
- You must prove you're unable to maintain yourself financially.
Legal Framework
Applicable laws and provisions
Statutory Provisions
Section 125(1)(c)
Code of Criminal Procedure, 1973
“If any person having sufficient means neglects or refuses to maintain his legitimate or illegitimate minor child, whether married or not, unable to maintain itself... a Magistrate of the first class may... order such person to make a monthly allowance...”
Relevance: Provides maintenance for minor children only (with disability exception).
Section 20(3)
Hindu Adoptions and Maintenance Act, 1956
“A Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. A Hindu is also bound to maintain his or her unmarried daughter...”
Relevance: Absolute obligation to maintain unmarried daughter who cannot maintain herself.
Section 2(a) and 2(f)
Protection of Women from Domestic Violence Act, 2005
“Defines "aggrieved person" and "domestic relationship" to include daughters living with parents.”
Relevance: Alternative remedy for maintenance and other reliefs.
Related Cases & Precedents
Jagdish Jugtawat v. Manju
cited(2002) 5 SCC 422
Discussed maintenance obligations under Hindu law.
Nanak Chand v. Chandra Kishore Agarwala
cited(1969) 3 SCC 802
Discussed the scope of maintenance under Hindu law.
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