HC: Fathers obliged to support daughters till they are married
Srikkanth.D@timesgroup.com
Chennai:23.06.2019
An unmarried daughter, even if she is a major, is entitled for maintenance from her father, the Madras high court has ruled, setting aside a family court order denying maintenance for an 18-year-old girl from her father.
The teenager had moved the family court seeking monthly maintenance from her father on the ground that she is not in a position to take care of the expenses towards her education. The family court had rejected her claim on the ground that the girl is a major and that as per Section 125 (1) (b) and (c) of the CrPC, she is not entitled to any maintenance and she does not suffer from any physical or mental disability. Sharath Chandran, the girl’s counsel, submitted that a combined reading of Section 125 of the CrPC and Section 20 (3) of the Hindu Adoption and Maintenance Act would make it clear that a father is under obligation to maintain his unmarried daughter even if she is above 18 years of age.
Justice N Anand Venkatesh pointed out that though Section 125 of the CrPC restricted maintenance to children only till they turn major, courts have taken a consistent stand that daughters will be entitled to maintenance till they marry. The judge then directed her to file a fresh petition before the family court.
Though Sec 125 of the CrPC restricts maintenance to children only till they attain majority, courts have taken a consistent stand that daughters will be entitled to maintenance till they remain unmarried
— Justice Anand Venkatesh
Srikkanth.D@timesgroup.com
Chennai:23.06.2019
An unmarried daughter, even if she is a major, is entitled for maintenance from her father, the Madras high court has ruled, setting aside a family court order denying maintenance for an 18-year-old girl from her father.
The teenager had moved the family court seeking monthly maintenance from her father on the ground that she is not in a position to take care of the expenses towards her education. The family court had rejected her claim on the ground that the girl is a major and that as per Section 125 (1) (b) and (c) of the CrPC, she is not entitled to any maintenance and she does not suffer from any physical or mental disability. Sharath Chandran, the girl’s counsel, submitted that a combined reading of Section 125 of the CrPC and Section 20 (3) of the Hindu Adoption and Maintenance Act would make it clear that a father is under obligation to maintain his unmarried daughter even if she is above 18 years of age.
Justice N Anand Venkatesh pointed out that though Section 125 of the CrPC restricted maintenance to children only till they turn major, courts have taken a consistent stand that daughters will be entitled to maintenance till they marry. The judge then directed her to file a fresh petition before the family court.
Though Sec 125 of the CrPC restricts maintenance to children only till they attain majority, courts have taken a consistent stand that daughters will be entitled to maintenance till they remain unmarried
— Justice Anand Venkatesh
No comments:
Post a Comment