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Checking relevance for ABHILASHA VS PARKASH...
2020 5 Supreme 613 : A Hindu major unmarried daughter can claim maintenance from her father under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, provided she is unable to maintain herself out of her own earnings or other property. This right is independent of Section 125 Cr.P.C., which only allows maintenance for a major unmarried daughter if she suffers from a physical or mental abnormality or injury. The claim under Section 20 must be made through a civil suit, not under Section 125 Cr.P.C., and the daughter must prove her inability to maintain herself. The right to maintenance under Section 20(3) extends until she is married, not just until majority.Checking relevance for Balwant Kaur VS Chanan Singh...
2000 3 Supreme 505 : A widowed daughter who is destitute and unable to obtain maintenance from her husband''''s estate, her son or daughter, or her father-in-law''''s estate has a pre-existing legal right to maintenance from her father''''s estate under Section 21(vi) and Section 22(2) of the Hindu Adoption and Maintenance Act, 1956. This right is not created by the will but is a statutory entitlement that exists during her father''''s lifetime. If property is given to her in lieu of this pre-existing right of maintenance, it becomes her absolute property under Section 14(1) of the Hindu Succession Act, 1956, even if the will describes it as a life interest. Therefore, a major daughter (widowed and destitute) can claim absolute ownership of property given to her by her father in a will if it is in lieu of her pre-existing right to maintenance, and she cannot be deprived of this right simply because the will grants only a life interest.Checking relevance for Vijaya Manohar Arbat VS Kashirao Rajaram Sawaii...
1987 0 Supreme(SC) 213 : Under Section 125(1)(d) of the Criminal Procedure Code, 1973, a father is entitled to claim maintenance from his married daughter if the daughter has sufficient means of her own, independent of her husband''''s income, and the father is unable to maintain himself. The use of the pronoun ''''his'''' in the section includes both male and female children, as interpreted through Section 8 of the Indian Penal Code and Section 13(1) of the General Clauses Act, which provide that masculine gender includes females unless the context indicates otherwise. Therefore, a married daughter can be legally required to provide maintenance to her father under these conditions.Checking relevance for Muhammed Shaji, S/o. Hydrose Kunju VS State Of Kerala...
2023 0 Supreme(Ker) 217 : Under Section 125(1)(c) of the Code of Criminal Procedure, 1973, a major unmarried daughter is not entitled to claim maintenance from her father solely on the ground of being unmarried. She must prove that her inability to maintain herself is attributable to a physical or mental abnormality or injury. The mere status of being an unmarried daughter does not entitle her to maintenance under this provision. This principle applies regardless of religion, including Muslim personal law. The Supreme Court has clarified that the observation in Noor Saba Khatoon v. Mohammed Quasim regarding maintenance until marriage applies only to children who are unable to maintain themselves due to physical or mental abnormality or injury, not to all unmarried daughters.Checking relevance for Agnes Lily Irudaya VS Irudaya Kani Arsan...
Agnes Lily Irudaya VS Irudaya Kani Arsan - Current Civil Cases (2018)
: An unmarried daughter who has attained majority is entitled to claim maintenance from her father, even after reaching majority, provided she is unable to maintain herself. This right is recognized under Section 125 of the Criminal Procedure Code, 1973, particularly when the daughter is unmarried and dependent due to inability to support herself, including for purposes such as education. The mother may also file a maintenance application on behalf of her major unmarried daughter to meet educational and other necessary expenses, especially where the mother is unable to bear these costs alone. The court emphasized that technical objections cannot prevent substantive relief in favor of the daughter''''s maintenance needs.
