In a recent judgment, the Allahabad High Court reaffirmed the statutory obligation of Hindu fathers to maintain their unmarried, dependent daughters under Section 20 of the Hindu Adoptions and Maintenance Act, 1956. The ruling, delivered by Justice Manish Kumar Nigam, emphasizes the extended responsibility of fathers beyond the age of majority, ensuring financial support for daughters until they marry.
Case Overview:
The judgment arose from two criminal revisionsโCriminal Revision No. 83 of 2024 filed by Awadhesh Singh and Criminal Revision No. 5926 of 2023 filed by his wife, Smt. Urmila, and daughter, Km. Gauri Nandini. The revisions challenged and sought enhancement of the maintenance awarded by the Family Court in Hathras. The Family Court had ordered Awadhesh Singh, a lecturer at D.A.V. Degree College, Kanpur, to pay โน25,000 per month to his wife and โน20,000 per month to his daughter.
Awadhesh Singh contested the maintenance order for his daughter, arguing that she had attained majority on June 25, 2023, and was therefore no longer entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC). He relied on the Supreme Court’s ruling in Abhilasha v. Parkash, which clarified that an unmarried daughter who has reached adulthood and is not suffering from any mental or physical disabilities is not eligible for maintenance under Section 125 CrPC.
Court’s Observations and Ruling:
Justice Nigam dismissed Singh’s argument, stating that the provisions of Section 20 of the Hindu Adoptions and Maintenance Act, 1956, clearly impose a statutory duty on Hindu fathers to maintain their unmarried daughters as long as they remain dependent and unmarried, regardless of their age. The court observed that while Section 125 CrPC limits maintenance to minors or those with disabilities, the Hindu Adoptions and Maintenance Act provides broader protection for unmarried daughters.
In his ruling, Justice Nigam highlighted:
“The obligation of a Hindu father to maintain his unmarried daughter who is unable to maintain herself out of her own earnings or other property, as stipulated under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, does not cease merely because the daughter has attained majority.”
The Court emphasized that the Family Courts, established under the Family Courts Act, 1984, have the jurisdiction to adjudicate matters under both Section 125 CrPC and the Hindu Adoptions and Maintenance Act. This jurisdiction allows Family Courts to avoid the multiplicity of proceedings and ensure that dependent daughters receive the support they are entitled to under the law.
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Case Numbers:
– Criminal Revision No. 83 of 2024
– Criminal Revision No. 5926 of 2023
-Bench: Justice Manish Kumar Nigam
Counsel Representation:
– For the Revisionist (Awadhesh Singh): Varun Srivastava and Vishnu Bihari Tewari
– For the Opposite Party: Ashwani Kumar Yadav and Government Advocate
