Case Note & Summary
The petitioner, K B Shankare Gowda, filed a revision petition under Section 19(4) of the Family Courts Act, 1984, challenging an order dated 31.10.2012 passed by the Principal Judge, Family Court, Bangalore. The Family Court had allowed an application filed by the respondents (the petitioner's wife and daughter) under Section 125 of the Code of Criminal Procedure, 1973, granting Rs.4,000/- per month as maintenance to the second respondent (the daughter) from the date of petition until her marriage. The petitioner argued that under Section 125 Cr.P.C., an unmarried daughter is entitled to maintenance only until she attains majority, and since the daughter was 19 years old at the time of the order, she was no longer entitled to maintenance. The respondents' counsel relied on a Supreme Court decision to support the claim that maintenance can be granted to an unmarried daughter beyond majority until marriage. The High Court, after hearing both sides, dismissed the revision petition, holding that the expression 'daughter' in Section 125 Cr.P.C. includes an unmarried daughter who has attained majority, and she is entitled to maintenance until her marriage. The court found no illegality or irregularity in the Family Court's order and upheld the maintenance award.
Headnote
A) Family Law - Maintenance - Unmarried Daughter - Section 125 Cr.P.C. - The issue was whether an unmarried daughter who has attained majority is entitled to maintenance under Section 125 Cr.P.C. The court held that the expression 'daughter' in Section 125 includes an unmarried daughter who has attained majority, and she is entitled to maintenance until her marriage. The court relied on the decision of the Supreme Court in Jagdish Jugtawat v. Manju Lata, (2002) 5 SCC 422. (Paras 4-5)
Issue of Consideration
Whether an unmarried daughter who has attained majority is entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973.
Final Decision
Revision petition dismissed; order of Family Court granting maintenance to the daughter until marriage upheld.
Law Points
- Maintenance to unmarried daughter beyond majority
- Section 125 Cr.P.C. interpretation
- Family Courts Act Section 19(4)
