Mumbai: The Bombay High Court has held that even if the parents of an unmarried daughter, who has attained the age of 18, have divorced or are estranged, the daughter is entitled to claim maintenance from the father. The court also held that even the mother is entitled to file application on behalf of her daughter seeking maintenance.
Justice Bharati Dangre passed this order while hearing a petition filed by a lady challenging the family court’s order dismissing her application seeking maintenance from her estranged husband for the couple’s 19-year-old daughter.
The petitioner moved the High Court because she wanted her husband to continue to pay maintenance for their daughter who has attained majority. The petitioner claimed that the family court had directed her husband to pay maintenance for their minor children but as soon as children attained majority the husband stopped paying maintenance. She claimed that her daughter is pursuing higher education and considerable amount is required to meet her day-to-day expenses that the petitioner is not able to arrange for.
The lady also claimed that her elder son has obtained an educational loan for graduation and he is repaying it, while the second son has graduated but is jobless. Hence both of them are unable to provide her with any financial assistance.
The petitioner was getting a monthly maintenance of Rs 25,000 from her husband and was seeking additional Rs 15,000 for the daughter. The family court rejected her application saying as per section 125 (1) (b) of the CrPC, maintenance is to be paid only for minor children.
However, taking into consideration the orders passed by the apex court and the high courts, Justice Dangre held that an unmarried major daughter, even if she doesn’t suffer from any disability, could also seek maintenance if she is financially not independent. The HC has directed the principal judge of the family court to consider the application afresh.
