The Kerala High Court recently ruled that an unmarried Christian daughter who has reached adulthood cannot seek maintenance from her father under Section 125 of the Criminal Procedure Code (now Section 144 of the Bharatiya Nyaya Sanhita), unless she is unable to support herself due to a physical or mental disability or injury. Justice Kauser Edappagath delivered the judgment.
The court noted that, unlike the provisions available under the Hindu Adoption and Maintenance Act or Muslim personal law, Christian personal law contains no equivalent provision allowing a major unmarried daughter to claim maintenance from her father.
The observation came while hearing a revision petition filed by a Christian man challenging a Family Court order that had directed him to pay maintenance of ₹20,000 to his wife and ₹10,000 to his daughter. The Family Court had also ordered an additional ₹30,000 to be paid toward the daughter’s educational expenses incurred by her mother, Indian Express reported.
The man’s counsel argued that since the daughter had already attained majority, she was not legally entitled to maintenance. It was also contended that the wife had left the marital home without justification, was living separately of her own accord, and had sufficient income to support herself.