Daughters whether minor or major, have the right for maintenance from their parents if she is unmarried according to our Indian Laws. Criminal law is applicable to everyone in India. In criminal law as well as Hindu law we have provisions in which children are to be taken care of. While giving this judgement, the court found that the daughter can claim maintenance from her father but only under Section 20 of Hindu Adoptions and Maintenance Act, 1956 as that is the most appropriate section for children who have crossed 18 years of age. While Crpc (Criminal Procedure Code) 125 is for immediate relief it also burdens the magistrate, the larger claims can be claimed under Section 20 of Hindu Adoptions and Maintenance Act, 1956.

We can see the difference between both the sections here.

Section 20 of the Hindu Adoptions and Maintenance Act, 1956, needs to be noted, which provides for maintenance of children and aged parents, which is as follows:-

“20. Maintenance of children and aged parents.—

(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. Explanation.— In this section “parent” includes a childless step-mother.”

The judgment of this Court in Jagdish Jugtawat (supra) laid down that Section 20(3) of Act, 1956 recognized the right of a minor girl to claim maintenance after she attains the majority till her marriage from her father. The unmarried daughter is clearly entitled to maintenance from her father till she is married even though she has become major, which is a statutory right recognized by Section 20(3) and can be enforced by unmarried daughter in accordance with the law.

The purpose and object of Section 125 Cr.P.C. as noted above is to provide immediate relief to the applicant in a summary proceeding, whereas right under Section 20 read with Section 3(b) of Act, 1956 contains larger right, which needs determination by a Civil Court, hence for the larger claims as enshrined under Section 20, the proceedings need to be initiated under Section 20 of the Act and the legislature never contemplated to burden the Magistrate while exercising jurisdiction under Section 125 Cr.P.C. to determine the claims contemplated by Act, 1956.

While dismissing the appeal, the bench gave liberty to the appellant to take recourse to Section 20(3) of the Act, if so advised, for claiming any maintenance against her father.

ABHILASHA vs. PARKASH
Case no.: CRIMINAL APPEAL NO. 615 of 2020

Supreme Court Of India

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