Section 125 of the Criminal Procedure Code (CrPC) has been criticized as outdated and contrary to principles of gender equality. The provision grants maintenance rights to a son until the age of 18, while a daughter’s right to receive maintenance from her father terminates upon her marriage, regardless of her age.
The Kerala High Court in its order dated January 25, 2023 has reiterated that an unmarried adult daughter cannot claim maintenance from her father under Section 125(1) CrPC, merely on the ground that she does not have means for her sustenance.
Case:
In the present case, the 1st Respondent is the wife of the Petitioner husband, and the 2nd Respondent is their daughter. The Respondents approached the Family Court seeking maintenance in 2016, when the daughter was 17 years of age.
The Respondents, being the mother and daughter, claimed that the Petitioner husband/father, who was running a business, was earning an amount of Rs 40,000 per day and therefore had the capability to pay maintenance.
- Rs 50,000 per month for wife
- Rs 25,000 per month to daughter
The Petitioner challenged the request for such a substantial amount of maintenance, asserting that he was employed as a daily wage worker in a tailoring shop, earning only Rs 500 per day. He denied having any other business or source of income.
Family Court
After considering the evidence presented by both parties, the Family Court made a ruling:
- Rs 10,000 per month to the wife
- Rs 8,000 per month to the daughter
…from the date of filing of the petition (1.7.2016)
The Petitioner, while disputing the amount of maintenance awarded to both his estranged wife and daughter, also challenged in the High Court the eligibility of his daughter to receive maintenance after reaching the age of 18. The Petitioner’s argument was as follows:
The 2nd respondent herein was aged 17 years during 2016 and during 2017, she became major. Therefore, she could not claim maintenance under Section 125 of Cr.P.C.
In order to sustain claim of maintenance at the instance of an unmarried daughter, belongs to Hindu community, she should file a petition under Section 20 of the Hindu Adoptions and Maintenance Act, 1956, and in a petition filed under Section 125 of Cr.P.C, an unmarried daughter, who attained majority, could not claim maintenance after attaining majority.
Petitioner Father’s Arguments
The Attorney representing the Petitioner submitted that there was no evidence presented to prove that the daughter had any physical or mental disability or incapacity, or that she was unable to support herself. The Attorney cited the ruling in Abilasha v. Prakash & Ors by the Supreme Court to support the Petitioner’s arguments.
Kerala High Court
Initially, the Kerala High Court considered:
The moot question that arose for consideration in this appeal was whether a daughter, who although had attained majority and is still unmarried, is entitled to claim maintenance from her father in proceedings under Section 125 CrPC, although she is not suffering from any physical or mental abnormality/injury? What are the rights of an unmarried daughter under Section 20 of the Hindu Adoptions and Maintenance Act, 1956?
Justice A. Badharudeen noted that as per Section 125(1) of the Criminal Procedure Code (CrPC), an unmarried daughter who is unable to support herself due to a physical or mental disability or incapacity, is eligible to claim maintenance. However, the requirement of appropriate pleadings and evidence in support of such claim was emphasized.
The Judge cleared that an unmarried Hindu daughter can seek maintenance from her father until her marriage under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, if she can prove her inability to support herself. The claim must be made under Section 20 of the Act, 1956 specifically and supported by necessary pleadings and evidence. The court order stated:
by virtue of Section 125 (1) of Cr.P.C, an unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, viz. merely on the ground that she does not have means for her sustenance.
At the same time, even though the unmarried daughter, who attained majority, is entitled for maintenance, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain herself, for which, pleadings and evidence in this regard are mandatory.
Otherwise, the legal proposition is 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, for enforcement of which right her application/suit has to be under S.20 of Act, 1956.
Consequently, the Kerala High Court restricted the grant of maintenance to the daughter only up until she reached the age of majority. The maintenance awarded to the wife by the Family Court was upheld.