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Abhilasha vs Parkash on 15 September, 2020. Equivalent citations: AIR 2020 SUPREME COURT 4355, AIRONLINE 2020 SC 727. Author: Ashok Bhushan. Bench: M.R. Shah, R. Subhash Reddy, Ashok Bhushan. REPORTABLE. IN THE SUPREME COURT OF INDIA. CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO. 615 of 2020. (arising out of SLP (Crl.) No.8260/2018)
- Abstract
- Introduction
- Facts of The Case
- Issues Raised Before The Court
- Arguments from The Appellant Side
- Arguments from The Respondent Side
- Related Provisions
- Judgement
- Conclusion
In the present case an appeal was filed by a woman against the decision of the High Court against her husband for maintenance under section 125 of the CrPc to herself and her three children, two sons and a daughter. Her youngest daughter, named Abhilasha is the appellant in the present case. Her application for maintenance was rejected by the Judic...
In the present case an appeal to the Supreme Court was filed by a woman against her husband claiming maintenance for herself and her three children under section 125 of the CrPC. The Supreme Court was entrusted with the question whether to grant maintenance to the appellant (the daughter) or not. According to the law of maintenance a man is entrust...
In this case an application was filed by the mother of the appellant on October 17, 2002 under Section 125 CrPC against her husband (the respondent) for herself and her three children. Her youngest daughter is the appellant in the present appeal. On February 16, 2011 the Judicial Magistrate of First Class dismissed her application for maintenance f...
Whether the appellant who has attained majority and is unmarried is entitled to maintenance from the respondent under the provisions of Section 125 of the CrPC in spite of the fact she is not suffe...Whether the orders which were passed by the Judicial Magistrate and Additional Sessions Court Judge which limited the right of appellant to claim maintenance until she attains the age of majority i...Learned Counsel for the appellant argued that the appellant was entitled to claim maintenance from her father, the respondent because she was unable to maintain herself.She further argues that the High Court has made an error by dismissing the application of the applicant and not granting her the right to claim maintenance on the basis that she has attained the ag...She contended that according to Section 20 of the Hindu Adoptions and Maintenance Act, 1956 the respondent is liable to maintain his daughter who is unable to maintain herself until she gets marrie...She submits that since the appellant is unemployed and is unable to maintain herself, she is entitled to claim maintenance from the respondent i.e., her father.Learned counsel for the respondent argued that according to Section 125 of CrPC a daughter is entitled to claim maintenance after the age of majority only when she us suffering from any physical or...He submitted the finding of the Revisional Court which nowhere showed that the appellant is suffering from any abnormality, physical or mental or any injury and due to which she is not able to main...Code of Criminal Procedure, 1973 Section 125 – Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or 1. Subs. by Act 45 of 1978,...
The Supreme Court stated that a Hindu daughter who is unmarried is entitled to get maintenance from her father until the time she gets married according to the Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 but to get the maintenance she must prove that she is not able to maintain herself. She must file an application under Section 2...
Through this case the Supreme Court ruled out that Section 125 of the CrPC provides immediate relief to an applicant in a summary proceeding whereas Section 20 of the Hindu Adoption and Maintenance Act has a larger scope right which needs to determined by a Civil Court. Also, there should not be overlapping of powers between the Courts. The Judicia...
Oct 3, 2020 · The court held that an unmarried Hindu daughter can claim maintenance from her father till she is married, even if she is not physically or mentally injured. The court relied on Section 20 (3) of the Hindu Adoptions and Maintenance Act 1956, provided she pleads and can prove that she is unable to maintain herself.
- CCI Team
Aug 23, 2021 · The decision of the Apex Court. The Apex Court accepted that an unmarried Hindu daughter can claim maintenance from her father until she is married, relying on Section 20 (3) of the Hindu Adoption and Maintenance Act, 1956, provided she pleads and proves that she is unable to maintain herself.
Nov 26, 2023 · In the case discussed above, Abhilasha Vs Prakash & others. Earlier, Mother of the appellant of this present case filed an application against her spouse Prakash, respondent in present case under section 125 CrPc dated on 17 October,2002.
- Criminal Procedure Code
- Supreme Court of India
- ICL 2020 (9) SC 70
- 15th of september,2020
Applying the principle to the facts and circumstances of the case in hand, it is manifest that the right of a minor girl for maintenance from parents after attaining majority till her marriage is recognized in Section 20 ( 3) of the Hindu Adoptions and Maintenance Act.
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Nov 16, 2022 · Case Summary. Abhilasha v. Parkash and Ors. Citation – Cri. Appeal No. 615 of 2020. Bench – Ashok Bhushan, R. Subhash Reddy, M.R. Shah. Date – 15 September 2020. Facts of the Case. The purpose of this appeal is to challenge the High Court’s decision.
