Two unmarried daughters and a son of senior citizen in 2014 had moved the trial court for maintenance from their father.
The Jammu & Kashmir and Ladakh High Court recently held that adult, unmarried daughters who are physically and mentally fit are not entitled to maintenance under Section 488 of the Jammu & Kashmir Code of Criminal Procedure, which pertains to maintenance for wives and children (Abdul Raheem Bhat (Senior Citizen) v. Beauty Jan and Others).
Justice Rahul Bharti was hearing a petition filed by a senior citizen challenging a Judicial Magistrate’s order directing him to pay ₹1,200 each as maintenance to his two adult, unmarried daughters.
“A bare perusal of Section 488 would show that the two unmarried daughters of the petitioner, being of major age but suffering no physical/mental abnormality or injury rendering them unable to maintain themselves, were not supposed to invoke Section 488 CrPC by any stretch of claim or reasoning,” the Court said.
In 2014, the two unmarried daughters and a son of the senior citizen had approached the trial court seeking maintenance from their father. However, in 2019, the court granted maintenance only to the daughters.
Interestingly, the senior citizen had also filed a separate petition seeking maintenance from his son, which was allowed in 2017 with a direction to the son to pay ₹2,000 per month.
Observing that the daughters were not entitled to maintenance, the High Court noted that the lower courts had overlooked this crucial aspect. Consequently, Justice Bharti ruled that the Magistrate’s order was erroneous and quashed it.
“The petition is allowed,” Jammu & Kashmir and Ladakh High Court ordered.