Major Unmarried Daughter Can Claim Maintenance: Delhi High Court’s Important Ruling (03 December 2025) (2025 DHC10936)
The Delhi High Court in Shri X v. Smt. Y & Anr. Crl Rev P. 312/2023 (2025 DHC10936) has clarified a crucial legal position: a major unmarried daughter is entitled to claim maintenance from her father under Section 20 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA), even if the petition was originally filed under Section 125 CrPC.
This judgment is significant for family law practitioners, matrimonial lawyers, and litigants seeking clarity on the rights of daughters under Indian law.
Why This Judgment Matters
This ruling strengthens the maintenance rights of daughters in India, especially in situations where:
- A daughter is studying and dependent on her parents
- The father disputes maintainability under Section 125 CrPC
- A combined application is filed before the Family Court
- There is a risk of multiple legal proceedings
The High Court clarified that Family Courts can exercise jurisdiction under both CrPC and HAMA simultaneously, ensuring swift justice and avoiding procedural delays.
Background of the Case
- Parties: Husband (Petitioner) vs. Wife & Major Daughter (Respondents)
- Relief Sought: Challenge to ₹45,000 per month interim maintenance order
- Court: Delhi High Court
- Date of Decision: 03 December 2025
- Judge: Hon’ble Mr. Justice Amit Mahajan
The wife and major daughter filed a joint application under Section 125 CrPC seeking monthly maintenance. Although the daughter was already a major and not suffering from any disability, the Family Court granted her maintenance under Section 20 HAMA, leading to a challenge before the High Court.
Key Legal Question
Can a major unmarried daughter seek maintenance in a petition filed under Section 125 CrPC?
The High Court answered:
✔️ Yes — through Section 20 HAMA, even within the same proceeding.
✔️ No — not directly under Section 125 CrPC.
Court’s Detailed Findings
1. Section 125 CrPC: Limited Grounds for Major Children
Under Section 125 CrPC, only the following children can claim maintenance:
- Minor children
- Major children suffering from physical or mental abnormality
Since the daughter in this case was healthy and major, she did not qualify under Section 125 CrPC.
2. Section 20 HAMA Gives Wider Rights to Unmarried Daughters
The Court emphasized that Section 20 HAMA:
- Places a statutory obligation on parents to maintain their unmarried daughters
- Applies irrespective of the daughter’s age
- Requires only that she cannot maintain herself from her own income or property
Thus, the daughter had an independent right to maintenance even though she was major.
3. Family Court’s Power to Grant Maintenance Under Both Acts
Relying on Abhilasha v. Prakash (2021) 13 SCC 99, the High Court reiterated that:
- If the Family Court has jurisdiction under both CrPC and HAMA,
- It can grant maintenance under HAMA in the same proceeding,
- To avoid multiplicity of cases.
This prevents unnecessary filing of multiple petitions and promotes judicial efficiency.
4. No Prejudice Caused to the Father
The High Court noted that the father would anyway be liable under Section 20 HAMA.
Hence, refusing maintenance solely on technical grounds would be unjust.
Income Assessment and Maintenance Amount
The Family Court assessed the petitioner’s income as follows:
- Salary: ₹87,000 per month
- Rent: ₹13,000 per month
- Total: ₹1,00,000 per month
Only statutory deductions like:
- Income Tax
- GPF (allowed ₹5,000)
were considered valid. EMIs, rent, SIPs, and personal expenses cannot be deducted when computing maintenance liability.
After permissible deductions and expenses for dependent mother, ₹45,000 per month was fixed as interim maintenance.
Final Outcome of the Case
The Delhi High Court:
- Dismissed the revision petition
- Upheld the interim maintenance order
- Confirmed that the major unmarried daughter is entitled to maintenance under Section 20 HAMA
- Reiterated the need to avoid multiple legal proceedings
- Major unmarried daughter maintenance
- Section 20 HAMA maintenance
- Delhi High Court maintenance judgment
- Section 125 CrPC maintenance case
- Rights of daughter under Hindu law
- Maintenance for unmarried daughter India
- Family Court jurisdiction under HAMA
- Abhilasha v Prakash explained
- Interim maintenance legal updates
Key Takeaways for Readers
- A major unmarried daughter can legally claim maintenance from her father under HAMA.
- Section 125 CrPC may not apply, but Family Courts can still grant relief under HAMA.
- Courts prioritize substance over technicalities to ensure justice.
- Maintenance computation excludes voluntary expenses (EMIs, SIPs, lifestyle costs).
- Interim orders are rarely interfered with unless grossly unjust.
Conclusion
This judgment provides strong protection to dependent daughters and reinforces the responsibility of parents under Hindu law. By empowering Family Courts to act under both statutes simultaneously, the Delhi High Court has ensured faster and more effective justice for women and children in maintenance proceedings.
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