The Kerala High Court recently observed that an unmarried daughter who attained the majority cannot claim maintenance from her father under Section 125(1) CrPC, merely on the ground that she does not have means for her sustenance. 

The observation was made while hearing a revision petition against a Family Court order granting maintenance to petitioner’s wife and daughter. One of the main questions before the Court was whether an unmarried daughter can claim maintenance under Section 125(1) of CrPC even after attaining majority. 

The Court observed that an unmarried daughter unable to maintain herself by reason of any physical, mental abnormality or injury is entitled to claim maintenance under Section 125(1) CrPC, however, pleadings and evidence in this regard are mandatory. 

Justice A. Badharudeen also clarified that an unmarried Hindu daughter can claim maintenance from her father till she is married resorting to S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself, however for that the application has to be made under S.20 of Act, 1956 specifically.

The Court on evaluation of the evidence observed that no evidence was let in to show that the daughter (2nd respondent) has any physical or mental abnormality, or she has any injury so that she could not maintain herself and, therefore, grant of maintenance to the 2nd respondent, from the date of attaining majority, is erroneous and thereby the Court observed that the order impugned stands set aside to that extent, limiting entitlement of maintenance to the 2nd respondent till the date she attained majority.

The Court however upheld the maintenance granted to the Revision Petitioner’s wife (1st respondent).

Case Title: Gireesh Kumar N v. Rajani K V and Anr.