Delhi High Court Upholds Family Court's Order Granting Maintenance to Major Unmarried Daughter

Court affirms entitlement under Hindu Adoptions and Maintenance Act to prevent multiplicity of legal proceedings

In a landmark judgment, the Delhi High Court has upheld the decision of the Family Court, granting interim maintenance to a major unmarried daughter under Section 20 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA Act). The judgment, delivered by Justice Amit Mahajan, dismissed a petition filed by Shri Arun Kumar against the Family Court's order that directed him to pay Rs. 45,000 per month as interim maintenance to his estranged wife and major unmarried daughter.

The case revolved around the application filed by Smt. Sarla (wife) and their daughter under Section 125 of the Criminal Procedure Code (CrPC), seeking maintenance. While the Family Court noted that the daughter, who was major and had no physical or mental disabilities, could not claim maintenance under Section 125 of the CrPC, it recognized her entitlement under Section 20 of the HAMA Act.

The judgment aligned with the Supreme Court's decision in Abhilasha v. Parkash, allowing Family Courts to exercise jurisdiction under both Section 125 of the CrPC and Section 20 of the HAMA Act to avoid the multiplicity of legal proceedings. The High Court emphasized the Family Court's appropriate jurisdiction in awarding maintenance, thus preventing unnecessary procedural duplication.

The petitioner argued against the order, citing his financial obligations, including EMIs, rent, and medical expenses. However, the High Court supported the Family Court's stance that deductions for such expenses are not permissible while calculating maintenance, allowing only for compulsory contributions and income tax deductions.

The Delhi High Court's ruling reaffirms the legal rights of major unmarried daughters to maintenance under the HAMA Act, provided they are unable to sustain themselves, setting a significant precedent in family law jurisprudence.

Bottom Line:

A major unmarried daughter is entitled to maintenance under Section 20 of the Hindu Adoptions and Maintenance Act, 1956, and the Family Court has the jurisdiction to grant maintenance under both Section 125 of the CrPC and Section 20 of the HAMA Act to avoid multiplicity of proceedings.

Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973, Section 20 of the Hindu Adoptions and Maintenance Act, 1956

Shri Arun Kumar v. Smt. Sarla, (Delhi) : Law Finder Doc Id # 2819467