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August 21, 2024
UNMARRIED DAUGHTER’S RIGHT TO MAINTENANCE
In Awadhesh Singh vs State Of Uttar Pradesh And 5 Others, the Allahabad High Court clarified the maintenance obligations of a Hindu father towards his unmarried daughter under the Hindu Adoption and Maintenance Act, 1956. This judgment not only reaffirms the statutory responsibilities of a Hindu father but also highlights the evolving interpretation of maintenance laws in the Indian legal landscape.
BACKGROUND OF THE CASE
A petition was filed where the petitioner has challenged a decision by the Principal Judge, Family Court, Hathras, made in September 2023. The Family Court had directed petitioner to pay ₹25,000 per month as maintenance to his wife and ₹20,000 per month to his daughter. Dissatisfied with this order, petitioner approached the Allahabad High Court arguing that his daughter, having attained adulthood was no longer entitled to maintenance under Section 125 of the Criminal Procedure Code, 1973 (the “CrPC”).
THE LEGAL CONTENTION
Petitioner’s primary argument rested on the fact that his daughter had turned 18 in June 2023 prior to the Family Court’s order in September 2023. He contended that under Section 125 CrPC, maintenance is only granted to minors and since his daughter was now an adult, the Family Court had erred in awarding her maintenance. However, the opposing argument presented by the wife and daughter emphasized that under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 (the “Act”), the father’s obligation to maintain his daughter extends beyond her reaching adulthood until she marries, provided she is unable to maintain herself.
ALLAHABAD HIGH COURT’S OBSERVATION
Single Judge Bench of Allahabad High Court, while delivering the judgment, underscored a key aspect of Hindu law. He pointed out that Section 20(3) of the Act is a statutory recognition of the principles rooted in classical Hindu law where a Hindu man was always considered morally and legally responsible for the maintenance of his dependents including his unmarried daughter.
The court noted that even before the codification of Hindu law, there existed a moral and legal obligation on a Hindu father to maintain his unmarried daughter. This obligation has been statutorily recognized in Section 20(3) of the Act, which stipulates that a Hindu person is bound to maintain his unmarried daughter if she cannot maintain herself from her earnings or other property.
PRECEDENT AND INTERPRETATION
The court referred to the Rajasthan High Court’s 2002 decision in Jagdish Jugtawat vs Smt. Manju Lata, where the High court of Rajasthan upheld the maintenance rights of an unmarried daughter even after she attained adulthood, until her marriage. This ruling was later affirmed by the Supreme Court, which recognized that under Section 20(3) of the Act, an unmarried daughter’s right to maintenance continues beyond her attaining majority, reinforcing the father’s obligation until her marriage.
The Allahabad High Court, aligning with this interpretation, upheld the Family Court’s decision and affirmed that the father’s responsibility to maintain his unmarried daughter did not cease merely because she had turned 18. Instead, the court highlighted that the statutory obligation under Section 20(3) of the Act, takes precedence and continues until the daughter is married or is capable of self-maintenance.
OBSERVATION
This judgment by the Allahabad High Court is significant as it reinforces the legal responsibility of a Hindu father to maintain his unmarried daughter under the Hindu Adoption and Maintenance Act, 1956. The court’s decision serves as a crucial reminder that the statutory obligations under Hindu law are designed to protect the welfare of dependents, especially unmarried daughters who are unable to support themselves.
This ruling not only provides clarity on the interpretation of maintenance laws but also ensures that the rights of unmarried daughters are safeguarded. As the legal landscape continues to evolve such judgments play a pivotal role in shaping the discourse around family law in India ensuring that vulnerable members of society are adequately protected.
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