Family Court can grant unmarried major daughter maintenance under Section 125 CrPC

The Punjab and Haryana High Court has ruled that an unmarried major daughter can claim maintenance from her parents under Section 125 of the Criminal Procedure Code, if proceedings are initiated before a Family Court.

The judgment is significant as her right under Section 125, otherwise, stands curtailed in a case before a judicial magistrate once she attains majority unless she is physically or mentally incapacitated.

Justice Jasgurpreet Singh Puri asserted that an unmarried daughter, who attained the age of majority was not entitled to maintenance under Section 125, when the petition was tried by a Judicial Magistrate First Class, as the provision restricted such claims.

But the position changed in jurisdictions where Family Courts had been established, were functional, a petition was filed under Section 125 before it and, at the same time, also under the “respective personal laws”.

In such cases where the unmarried daughter was entitled to maintenance from her father till she was married or gainfully employed under the personal laws, the Family Court to avoid multiplicity of proceedings could grant maintenance to an unmarried major daughter while exercising powers under Section 125.

The ruling by Justice Puri came on a criminal revision petition filed by two sisters from Gurdaspur against their father for enhancement of maintenance.

The question before the court for adjudication was whether an unmarried major daughter was entitled to maintenance from her parents in proceeding under Section 125 of the Code.

Justice Puri asserted a daughter was entitled to maintenance only till she attained the age of majority after filing a plea under Section 125 before a Judicial Magistrate First Class. The only exception was Section 125(1)(c), wherein an unmarried daughter unable to maintain herself could claim maintenance after attaining majority following physical or mental abnormality or injury.

Justice Puri asserted the position shifted substantially if the claim was presented before a Family Court established under the Family Courts Act, 1984, as such courts possessed jurisdiction also over claims under personal laws, including the Hindu Adoptions and Maintenance Act.

Justice Puri further asserted an unmarried major daughter was entitled to maintenance under Section 20(3) of the Hindu Adoptions and Maintenance Act, if the petition under Section 125 was filed before the Family Court.

“In the given facts and circumstances of the case, the Family Court is well within its rights to consider the grant of maintenance to an unmarried major daughter even if she is not suffering from any mental or physical abnormality or injury.”

Elaborating, Justice Puri added the Family Court was competent to grant maintenance to the unmarried major daughter until she married or became capable of supporting herself where its jurisdiction encompassed both proceedings under Section 125 CrPC and suits under Section 20(3) of the Hindu Adoptions and Maintenance Act.

“In other words, when jurisdiction to file a petition under Section 125 CrPC and a petition/suit under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 vests with the Family Court established under Family Courts Act, the grant of maintenance in favour of an unmarried major daughter is permissible and maintainable till the time she gets married or is unable to maintain herself out of her own earnings or other property.”

Punjab