The Punjab and Haryana High Court, while giving an important verdict, have said a lot in favor of the adult unmarried daughters. The court said that now such daughters can also demand maintenance from their parents. This decision Section 1 of the Indian Penal Process Code (CRPC)
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The situation so far was that a daughter was considered entitled to maintenance only when she is a minor or mentally/physically disabled. As soon as she was 18 years old, her right would have ended, especially if the matter is going on in the orders of the ordinary Judicial Magistrate First Class.
But now the High Court has made it clear that if the adult daughter is unmarried and is not self-sufficient, then she can also ask for alimony from her parents.
This decision is being considered as a big step towards women’s rights. This will provide relief to those daughters who do not become financially self -sufficient due to higher education or other reasons.
Punjab and Haryana High Court.
Learn now What happened
According to this decision of the High Court, if the case is going on in a family court, which is established under the Family Courts Act, 1984, then the unmarried adult daughter can also demand maintenance under Section 125 CRPC. This decision is being seen as a major relief in the disputes under such family laws.
In the judgment, Justice Jaspreet Singh Puri said that: “If the unmarried adult daughter is neither married nor self-sufficient, then she should get maintenance from her father until she gets married or financially self-sufficient. Family Court, where personal laws are also effective, can decide on such cottage.”
Know in which case the court decided
The decision came on a revision petition filed by two sisters of Gurdaspur, demanding to increase the amount of maintenance against his father.
According to the petition, the first petition was filed before the Judicial Magistrate First Class, where it was dismissed by saying that the daughter was adult and hence no longer is entitled to maintenance under Section 125 CRPC. But when this petition was presented in the Family Court, the High Court clarified that the Family Court is capable of deciding it.
Why is it it Decision important?
- Legal Explanation: It makes it clear that the rights of maintenance are not limited to minor daughters only if the petition is submitted to the Family Court.
- Inclusion of individual laws: The Family Court can now hear such cases under both personal laws (such as Hindu Adoption and Maintenance Act) and CRPC.
- Steps towards legal equality: This decision is a major step towards preserving gender and family rights.
Relief for unmarried daughters
This decision of the High Court is a great relief for unmarried adult daughters who are not financially self-sufficient but the law has now got the right to seek help from parents, provided they file a petition in the Family Court. This decision will decide the direction of many such matters in the coming time and will further strengthen the spirit of social justice.