Unmarried daughter can claim maintenance
An unmarried daughter, who attained majority, can claim maintenance from her father of mother if she is unable to maintain herself out of her earnings or other property, under Section 20 of the Hindu Adoption and Maintenance Act, 1956 (HAMA).
In other words, unmarried daughter, even if she is an illegitimate one, is entitled to maintenance from her father till she is married even though she has become major and dependent on her father. The claimant should be a Hindu.
CrPC also provides slightly different provision
The Section 125 (1) (c ) of the Criminal Procedure Code, 1973 (CrPC) also obligates the person having sufficient means neglects to maintain her unmarried daughter who by reason of any physical or mental abnormality or injury unable to maintain herself.
Maintenance under both the sections are different
Under this Section 125 (1) (c) CrPC maintenance is obtainable only when the unmarried daughter is unable to maintain herself by reason of any physical or mental abnormality or injury.
But under Section 20 of the HAMA, unmarried daughter is entitled to claim maintenance till she is unmarried even if she is not suffering from any physical or mental abnormality or injury.
HAMA obligates the father or mother to maintain
The Section 20 of HAMA casts a clear obligation on the Hindu father or mother to maintain his/her unmarried daughter who is unable to maintain herself. Therefore, an unmarried daughter is clearly entitled from her father till she is married even though she has become major.
This is a statutory right recognised by Section 20 of the HAMA and that can be enforce by unmarried daughter in accordance with law.
Maintenance includes a broad list of items
Maintenance includes food, clothing, residence, education, medical treatment, and reasonable expense of her marriage.
Reference
- Abhilash v Parkash and Others [ 2020 SCC Online SC 736]
- Hindu Adoption and Maintenance Act, 1956
