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Supreme Court of India 2020-09-15 dismissed

ABHILASHA vs PARKASH & ORS

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

An unmarried Hindu daughter who has attained majority and is not suffering from physical or mental disability sought maintenance from her father under Section 125 Cr.P.C. The Supreme Court held that while an unmarried Hindu daughter has a statutory right to claim maintenance under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 if she is unable to maintain herself, this right must be enforced through proceedings under that Act, not under Section 125 Cr.P.C. The Magistrate's jurisdiction under Section 125 is limited to minority. Only Family Courts can grant maintenance beyond majority by invoking the broader statutory framework. The appeal was dismissed with liberty for the appellant to pursue her claim under Section 20 of the Act, 1956.

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Family Law Maintenance Hindu Law Code of Criminal Procedure Hindu Adoptions and Maintenance Act Daughters' Rights Statutory Interpretation

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