In this case of Abhilasha Vs Prakash
, appeal was filed by a woman
against the decision of the High Court against her husband for maintenance under
section 125 of the CrPc to herself and her three children, two sons and a
daughter. Her youngest daughter, named Abhilasha is the appellant in the present
Her application for maintenance was rejected by the Judicial Magistrate to her
two children but her daughter's claim for maintenance was allowed because she
was a minor but she was entitled to maintenance only upon the time she attained
majority as per section 125 CrPC.
The four applicants then moved to the session court which stated that the
appellant i.e., Abhilasha is entitled to maintenance only up to the time when
she attains majority and not after that. Then she moved to the High Court where
her application was rejected. She filed an appeal to the Supreme Court which was
Facts Of Case:
In this case an application was recorded by the mother of the appealing party on
October 17, 2002 under Section 125 CrPC against her spouse (the respondent) for
herself and her three children. Her youngest daughter is the appellant in the
present appeal. On February 16, 2011 the Judicial Magistrate of First Class
dismissed her application for maintenance for everything but allowed the grant
for maintenance for the appealing party until she attains the age of majority.
Afterwards all four of them filed an application before the Sessions Judge
Court, Rewari for criminal revision but their application was also dismissed by
the Additional Sessions Judge by the judgement delivered on February 17, 2014.
The Respected judge held that under Section 125 of the Criminal Procedure Code
the appellant is permitted to maintenance only up to the time when she has
attained majority and not after that because according to the provisions of
Section 125 of CrPC just those youngsters who are major can be permitted
maintenance who by any physical or mental sickness or any injury caused to them
can't keep up with themselves. Here the appellant had no such situation so she
is granted to maintenance till April 26, 2005 till she achieves the period of
majority and not after that.
Then an appeal was filed to High Court against the judgement of the Additional
Sessions Judge which was reject on February 16, 2018 by the High Court. Then
they filed an appeal to the Supreme Court.
Code Of Criminal Procedure, 1973
Section 125 - Order of Maintenance of Wives, children and parents.
This Section states that:
- Whether the appellant who has attained majority and is unmarried is
entitled to maintenance from the respondent under the provisions of Section
125 of the CrPC in spite of the fact she is not suffering from any physical/
mental infirmity or injury?
- Whether the orders which were passed by the Judicial Magistrate and
Additional Sessions Court Judge which limited the right of appellant to
claim maintenance until she attains the age of majority i.e., till April 26,
2005 can be set aside making the respondent liable to pay maintenance to his
daughter even after she attains majority i.e., after April 26, 2005 and is
- If any person having sufficient means neglects or refuses to maintain:
- his wife, unable to maintain herself, or
- his legitimate or illegitimate minor child, whether married or not,
unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18-
- his legitimate or illegitimate child (not being a married daughter) who
has attained majority, where such child is, by reason of any physical or
mental abnormality or injury unable to maintain itself, or
- his father or mother, unable to maintain himself or herself, a
Magistrate of the first class may, upon proof of such neglect or refusal,
order such person to make a monthly allowance for the maintenance of his
wife or such child, father or mother, at such monthly rate not exceeding
five hundred rupees in the whole, as such Magistrate thinks fit, and to pay
the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child
referred to in clause (b) to make such allowance, until she attains her
majority, if the Magistrate is satisfied that the husband of such minor
female child, if married, is not possessed of sufficient means.
Explanation: For the purposes of this Chapter:
- "minor" means a person who, under the provisions of the Indian Majority
Act, 1875 (9 of 1875); is deemed not to have attained his majority;
- "wife" includes a woman who has been divorced by, or has obtained a
divorce from, her husband and has not remarried.
The Hindu Adoption And Maintenance Act, 1956
Section 20 - Maintenance of Children and aged parents
This section states that:
Subject to the provisions of this section a Hindu is bound, during his or her
lifetime, to maintain his or her legitimate or illegitimate children and his or
her aged or infirm parents.
A legitimate or illegitimate child may claim maintenance from his or her father
or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a
daughter who is unmarried extends in so far as the parent or the unmarried
daughter, as the case may be, is unable to maintain himself or herself out of
his or her own earnings or other property.
In this section
"parent" includes a childless step-mother.
The Supreme Court expressed that a Hindu daughter who is unmarried is qualified
for get maintenance from her dad until the time she gets hitched as per the
Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 but to get the
maintenance she should demonstrate that she can't keep up with herself.
He should record an application under Section 20 of the Hindu Adoption and
Maintenance Act to implement her freedoms, yet for this situation since the
application was filed under Section 125 of the CrPC and not under the Section 20
of the Hindu Adoption and Maintenance Act the case was not maintainable. Under
Section 125 CrPC only those children who are major are entitled to maintenance
who cannot maintain themselves due to any physical or mental abnormality or
injury and this was not the case with the appellant so she is not entitled to
The Supreme Court later talked about and expressed the distinction between
Section 20 of the Section 20 of the Hindu Adoption and Maintenance Act and
Section 125 of the CrPC in detail. Section 125 CrPC gives prompt help to a
candidate in an outline proceeding though Segment 20 of the Hindu Reception and
Support Act has a bigger extension, larger right which not set in stone by a
Analysis Of The Judgement
In Section 125(1)(C) of CrPC, a legitimate or illegitimate child, who is
unmarried but attained majority and experiencing mental or actual
irregularities/injury, unfit to keep up with herself can claim maintenance from
her father, who has neglected/refused to maintain.
In this case, SC settled on a reasonable decision, according to section 20 of
the Hindu Adoptions and Maintenance Act, 1956, an unmarried daughter who
attained majority can claim maintenance from her father when she is not able to
maintain herself and reliant upon others.
The Magistrate rejected the application but the SC noticed that the magistrate
court granted the award of interim maintenance according the section 125 of the
Code of Criminal Procedure. The application is granted. Unmarried daughter
claiming maintenance from her father, who is unable to maintain herself is also
a right granted by personal law, which can be enforced.
The SC held that, according to section 20 of the act, it is a legal commitment
of a Hindu to maintain his/her old age parents and child who is unmarried and
not able to maintain herself. A daughter who is as yet unmarried however
accomplished the age of majority and isn't experiencing any lethal injury or
mental/physical disorder isn't qualified to claim maintenance from her father
under the provisions of CrPC.
The primary point of this section is to give quick alleviation to the litigant.
The court excused the request however gave freedom to the appealing party to
claim the maintenance from her father according to the section 20 of the Hindu
Adoptions and Maintenance Act, 1956.