Search results
Unmarried daughter
- In accordance with the Supreme Court decision in Abhilasha v. Prakash, 2020 SCC OnLine SC 736, it was made clear that under Section 20 of the Hindu Adoption and Maintenance Act, right of an unmarried daughter to claim maintenance from her father when she is unable to maintain herself is absolute.
www.scconline.com/blog/post/2020/11/28/bom-hc-whether-unmarried-daughter-who-is-major-by-age-entitled-to-claim-maintenance-from-father-till-her-marriage-hc-explains-law-in-light-of-hindu-adoption-maintenance-act/
People also ask
Who is entitled to entertain maintenance from her father (Prakash)?
Can a Hindu unmarried daughter claim maintenance from her father?
Can an unmarried Hindu daughter claim maintenance under Section 125 CrPC?
Is unmarried daughter entitled to maintenance under Hama?
2 days ago · The Supreme Court held that a Hindu daughter who is unmarried is entitled to claim maintenance from her father until the time she gets married according to Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 but this right is not absolute.
Nov 26, 2023 · Whether the Appellant who has been attained majority and is still unmarried is entitled to entertain the maintenance from her father (prakash), the respondent under the provision of section 125 of the CrPc, irrespective of the fact that he is major and not having any mental disability or physical disability.
- Criminal Procedure Code
- Supreme Court of India
- ICL 2020 (9) SC 70
- 15th of september,2020
The right of unmarried daughter under Section 20 to claim maintenance from her father when she is unable to maintain herself is absolute and the right given to unmarried daughter under Section 20 is right granted under personal law, which can very well be enforced by her against her father.
- Facts
- Appellant's Contentions
- Respondent's Contentions
- Judgement
- Relevant Paragraphs
A mother filed an application under Section 125 Cr.P.C. on behalf of herself, her two sons and daughter, against her husband by claiming maintenance for herself and her three children. The Judicial Magistrate in its judgment dismissed the application under Section 125 Cr.P.C. and allowed the grant of maintenance for the daughter till she attains ma...
The counsel for the appellant placed reliance on Section 20 of the Hindu Adoption and Maintenance Act and stated that the unmarried daughter is unable to maintain herself out of own earnings or other property.
The counsel for the respondent placed reliance on the fact that the daughter was not physically or mentally injured and therefore she was not entitled to maintenance after attaining majority.
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. Further, for the enforcement of thi...
"Section 20(3) of Hindu Adoptions and Maintenance Act, 1956 is nothing but recognition of principles of Hindu Law regarding maintenance of children and agedparents. Section 20(3) now makes it statutory obligation of a Hindu to maintain his or her daughter, who is unmarried and is unable to maintain herself out of her own earnings or other property....
- CCI Team
Jun 4, 2022 · But the Supreme Court rejected this decision and held that a major unmarried daughter is not entitled to maintenance as per section 20 of the HAMA, 1956 if she had filed the proceedings against her father under section 125 of the CrPC.
Aug 23, 2021 · Unmarried daughter is clearly entitled for maintenance from her father till she is married even though she has become major, which is a statutory right recognised by Section 20(3) and can be enforced by unmarried daughter in accordance with law.
Oct 1, 2021 · By virtue of Section 125 (1) (c), an unmarried daughter even though she has attained majority is entitled for maintenance, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain itself.
