Father Can Be Ordered To Pay Maintenance To Unmarried Major Daughter U/s. 20 Of HAMA In Petition U/s. 125 CrPC: Delhi High Court

The Delhi High Court has reiterated that an unmarried daughter who is a major can get maintenance in a Petition filed under Section 125 of the Criminal Procedure Code from the Family Court by invoking Section 20 of the Hindu Adoptions and Maintenance Act (HAMA Act).

The Court was considering a Revision Petition against an order of the Family Court whereby a sum of ₹45,000/- per month as interim maintenance was allowed to the mother and daughter. 

The Bench of Justice Amit Mahajan held, "Undisputedly, the learned Family Court has the appropriate jurisdiction to grant maintenance under Section 125 of the CrPC and Section 20 of the HAMA Act. Although in the present case, the application filed by Respondent No.2 under Section 125 would not be maintainable as she is a major, no prejudice or injustice is pleaded or can be said to have been caused to the petitioner as he would be equally obligated to provide maintenance to Respondent No.2 had she filed an appropriate petition under Section 20 of the HAMA Act."

The Petition was represented by Advocate Ragini Tripathi while the Respondent was represented by Advocate Sudhir Kumar Sharma.

Facts of the Case

The wife and daughter of the Petitioner had jointly filed an Application under Section 125 of the Cr.P.C.  before the Family Court claiming maintenance from the Petitioner. 

By the impugned order, the Family Court directed the Petitioner (Husband and Father) to pay a sum of ₹45,000 per month as interim maintenance to the wife and daughter from the date of filing of the Petition till she remarries or is gainfully employed.

The Family Court noted that the Daughter was a major at the time of filing the Petition and was not suffering from any mental or physical disabilities and hence, could not claim maintenance under Section 125 of the CrPC from the Petitioner. 

It was observed that the Daughter would be entitled to maintenance from the Petitioner under Section 20 of the Hindu Adoptions and Maintenance Act, 1956.

Reliance was placed on Supreme Court's decision in Abhilasha v. Parkash, 2021 wherein it was held that if the Family Court has the jurisdiction to decide cases under Section 125 of the CrPC and Section 20 of the HAMA Act, then in an appropriate case, it can exercise jurisdiction under both the Acts and can grant maintenance to unmarried daughter even though she has become major. 

Reasoning By Court 

The Court agreed with the findings of the Family Court 

"It is however not disputed that, a major Hindu daughter is entitled to maintenance from her father under Section 20 of the HAMA Act as long as the major daughter is unmarried and is unable to maintain herself out of her own earnings and property.......In the opinion of this Court, rejecting the application on such a technicality and directing her to file a fresh petition under the HAMA Act, when the Family Court already adjudicating the application of Respondent No.1 has the jurisdiction to grant her maintenance under the HAMA Act, would lead to unnecessary multiplicity of proceedings and amount to abuse of process of Court. For the aforestated reasons, no interference is called for in the impugned order on this ground", the Court held.

The Petition was accordingly dismissed.

Cause Title: Shri Arun Kumar v. Smt. Sarla & Anr. (2025:DHC:10936)

Appearances:

Appellant- Advocates Ragini Tripathi and B.K. Tripathi

Respondent- Advocate Sudhir Kumar Sharma

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