Right To Maintenance Of Unmarried Daughters: What Allahabad HC Ruled

In a groundbreaking judgment, the Allahabad High Court has stated that unmarried daughters have the right to maintenance from their parents irrespective of their age or religious background if they fall under the aggrieved category of Section 2(a) of the Protection of Women Against Domestic Violence Act 2005. The court made this judgement while dismissing the petition of parents challenging the order to maintain their three daughters. Read on to know more about the judgement. 

Details Of Petition 

As per reports, the three daughters filed a  case claiming maintenance from their parents and alleging mistreatment by their father and stepmother under the Domestic Violence Act, 2005. The trial court had granted an interim order for maintenance which was challenged by the parents arguing that the daughters were not minors and were financially independent. The petition was filed by Naimullah Sheikh and another.

The Court's Statement

But on January 10, Allahabad High Court dismissed the parents' petition saying, "There remains no doubt that an unmarried daughter, whether Hindu or Muslim has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts must look for other laws applicable when the question pertains to the right to be maintained. However, where the issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under section 20 of the Domestic Violence Act itself.”

Protection Of Women Against Domestic Violence Act, 2005 

The court was headed by Justice Jyotsana Sharma who rejected the parents' argument that the daughters do not deserve maintenance as they were adults or financially independent. The court said that the Domestic Violence Act aims at providing more effective and quick protection to women. Right to maintenance is provided by other laws too, the court further added, but the Domestic Violence Act was made to ensure a quick and shorter procedure to obtain the same. 

In January last year, the Kerala High Court allowed the petition of a father challenging his daughter who claimed maintenance under Section 125 CrPc. The court stated that a daughter who is a major cannot demand just because she is unable to find a source of sustenance. The court further added that the maintenance cannot be provided also because the daughter couldn't prove any mental or physical injury that disallowed her from maintaining herself.