Unmarried daughter above 18 eligible for maintenance from estranged father
In a landslide judgement that will benefit many, the Bombay High Court ruled Friday that an unmarried daughter can claim maintenance from estranged father, even after she turns 18. Judge Bharti Dangre said a woman, who has a major daughter, can file an application seeking maintenance on behalf of the child. Here are more details.
High court overhauls family court judgement in Mumbai woman's case
The High Court was hearing a petition by a Mumbai woman who challenged the family court's decision. The lower court had ruled in favour of her estranged husband, reliving him of paying maintenance for their daughter. The couple were separated in 1997 after 11 years of marriage. Their three kids, two sons and a daughter, lived with their mother.
Man refuses maintenance to daughter after she turns 18
The woman drew Rs. 25,000 as monthly maintenance from her husband. However, when the daughter turned 18, he refused to pay maintenance for her. In her petition, the woman argued her daughter was still dependent on her and the sons weren't capable enough. One of them was unemployed and another was repaying education loan. She had sought another Rs. 15,000 for her daughter.
Family court reminds woman maintenance is only for minor kids
The family court had said under Section 125(1)(b) of the Code of Criminal Procedure (CrPC), only minor children are eligible for maintenance. Justice Dangre agreed, saying only major children who cannot fend for themselves should get maintenance. But in the past, SC and other courts have allowed maintenance to major unmarried daughters, he noted, and asked the lower court to consider petitioner's claim again.
