Supreme Court Clarifies Maintenance Rights of Major Unmarried Hindu Daughters: Maintenance under Hindu Adoptions and Maintenance Act, 1956, Not Section 125 CrPC

Unmarried Hindu daughters not suffering from physical or mental disability cannot claim maintenance under Section 125 CrPC after attaining majority; maintenance claims must be pursued under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956.

In a significant judgment delivered on September 15, 2020, the Supreme Court of India in the case of Abhilasha v. Parkash (Criminal Appeal No. 615 of 2020) has provided crucial clarity on the entitlement of maintenance for major unmarried Hindu daughters. The judgment, authored by a bench comprising Justices Ashok Bhushan, R. Subhash Reddy, and M.R. Shah, emphasized the distinct legal pathways available for maintenance claims under the Criminal Procedure Code, 1973 (CrPC) and the Hindu Adoptions and Maintenance Act, 1956.

The case arose from an application filed under Section 125 CrPC by a mother on behalf of herself and her three children, including her daughter Abhilasha, seeking maintenance from her husband. The daughter, who was minor at the time of filing, was granted maintenance till she attained majority by the Judicial Magistrate. However, the Additional Sessions Judge and subsequently the High Court limited maintenance to the date when she attained majority, observing that she was not suffering from any physical or mental abnormality that rendered her incapable of self-support.

Challenging this limitation, Abhilasha contended that as an unmarried major daughter, she was entitled to maintenance from her father till marriage, relying on Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. The Supreme Court, while acknowledging the appellant’s legal position, clarified that:

1. Under Section 125 CrPC, a daughter who has attained majority can claim maintenance only if she is unable to maintain herself due to physical or mental abnormality or injury. Since Abhilasha was not suffering from any such condition, her claim under Section 125 CrPC was rightly limited to the period before attaining majority.

2. The obligation of a Hindu father to maintain his unmarried daughter extends beyond majority until her marriage, as provided under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. However, this right must be enforced through a civil suit or application specifically under the Act, and cannot be claimed under Section 125 CrPC, which is designed as a summary remedy with limited scope.

3. The Supreme Court distinguished the legal remedies under the two statutes, highlighting that the maintenance under the Hindu Adoptions and Maintenance Act is a broader concept that includes expenses related to food, clothing, residence, education, medical attendance, and reasonable marriage expenses, which are not covered under Section 125 CrPC.

4. The Court also observed that the Magistrate, while exercising jurisdiction under Section 125 CrPC, cannot pass orders under Section 20(3) of the Hindu Adoptions and Maintenance Act. However, Family Courts having jurisdiction under both laws may consolidate claims to avoid multiplicity of proceedings.

5. The Court granted liberty to the appellant to initiate fresh proceedings under Section 20(3) of the Hindu Adoptions and Maintenance Act for claiming maintenance from her father till she remains unmarried, subject to the condition that she pleads and proves her inability to maintain herself.

This ruling reaffirms the legal distinction between maintenance claims under criminal and civil law in India and underscores the necessity of appropriate legal procedures for enforcement of maintenance rights. It also highlights the protective intent of personal laws like the Hindu Adoptions and Maintenance Act in safeguarding the rights of unmarried daughters.

Legal experts note that this judgment provides clear guidance to courts and litigants on the appropriate legal forum and provisions for maintenance claims by unmarried daughters, preventing misuse of summary criminal proceedings under Section 125 CrPC where the conditions are not met.

Statutory provisions

Section 125 CrPC, 1973; Section 20(3) Hindu Adoptions and Maintenance Act, 1956

Abhilasha v. Parkash (SC) : Law Finder Doc Id # 1741053