Critic Takeaways of Abhilasha v. Parkash and Ors. (2020)
- Supreme Court ruled unmarried Hindu daughters can claim maintenance from fathers until marriage under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956.
- Maintenance claims require the daughter to prove she cannot maintain herself.
- Section 125 CrPC limits maintenance to the age of majority, but Hindu law provides broader support.
- The ruling aligns Section 125 CrPC with the Hindu Adoption and Maintenance Act for unmarried daughters.
- This decision enhances the financial protection for unmarried Hindu daughters beyond the age of majority.
Facts of the case
In this particular instance, the appellant submitted a petition contesting the judgment of the Punjab and Haryana High Court, which affirmed the decision of the sessions court. The sessions court ruled that the daughter of the respondent is only eligible for financial support under Section 125 of the Code of Criminal Procedure, 1973 until she reaches adulthood.
The appellant, feeling wronged by the judgment of the sessions court, filed a review petition under Section 482 of the Code of Criminal Procedure, 1973. Subsequently, the case was presented to the Punjab and Haryana High Court. However, the high court also affirmed the verdict of the sessions court. Eventually, the subject was brought to the Supreme Court of India.
The key question presented in this case was whether an unmarried Hindu daughter may seek financial support from her father under Section 125 CrPC merely until she reaches adulthood, or whether she can claim support until she gets married.
Judgment of the court
In this case, the Supreme Court of India ruled that an unmarried Hindu daughter has the right to seek financial support from her father until she gets married, as stated in Section 20(3) of the Hindu Adoption and Maintenance Act of 1956. However, the daughter must demonstrate that she is unable to support herself in order to be eligible for maintenance under the aforementioned act.
