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Abhilasha v. Parkash

Criminal Appeal · 2020 INSC 546Decided 15 Sept 2020
Criminal Appeal No. 615 of 2020
Justice Ashok Bhushan · Justice R. Subhash Reddy · Justice M.R. Shah

Background

The appellant, along with her mother and two brothers, had sought maintenance from her father under Section 125 Cr.P.C. back in 2002, when she was still a minor. The Magistrate and, on revision, the Sessions Judge granted her maintenance only until she turned major (26.04.2005), since she was not shown to suffer any physical or mental disability that would extend the right beyond majority. The High Court dismissed her plea under Section 482 Cr.P.C. to continue maintenance until her marriage, and she appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that Section 125 Cr.P.C. only allows a child's maintenance claim to continue past majority if the child suffers a physical or mental abnormality making her unable to maintain herself, which was not the case here. However, the Court clarified that an unmarried Hindu daughter has a separate, independent right under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 to claim maintenance from her father until she marries, provided she proves she cannot maintain herself. That right cannot be enforced through a Section 125 Cr.P.C. application before a Magistrate: it requires a civil suit (or a composite claim where a Family Court has jurisdiction over both). Since the appellant's original claim was filed and decided under Section 125 Cr.P.C. alone, the Magistrate had correctly confined relief to the point of majority; the appeal was accordingly dismissed, but with liberty to pursue a fresh claim under Section 20 of the 1956 Act if she chose to.

Lesson Learnt

An unmarried Hindu daughter's right to maintenance from her father does not end at adulthood, but if a magistrate's court under Section 125 Cr.P.C. can only take her up to majority, she must separately approach a civil court under Section 20 of the Hindu Adoptions and Maintenance Act to claim support until marriage.

Official source (sci.gov.in)View Judgment (PDF)

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