Case Note & Summary
The petitioner, Meharunnisa, an unmarried major Muslim daughter, filed a petition under Section 482 CrPC challenging the order of the Fast Track Court, Tumkur, which set aside the maintenance order granted by the II Additional Chief Judicial Magistrate and JMFC, Tumkur. The Magistrate had allowed her application under Section 125 CrPC and directed her father, Syed Habeeb, to pay maintenance of Rs. 1,000 per month. The Fast Track Court reversed this order, holding that under Muslim personal law, a father is not obliged to maintain a major daughter. The High Court of Karnataka, in its judgment dated 18th December 2014, allowed the petition and restored the Magistrate's order. The court observed that Section 125 CrPC is a secular provision aimed at preventing vagrancy and destitution, and it overrides personal law. The father's obligation to maintain his daughter continues until she is unable to maintain herself, irrespective of her majority or religion. The court emphasized that a woman deserves protection at every stage of life, quoting Manusmrithi. The court set aside the Fast Track Court's order and confirmed the maintenance order of the Magistrate.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Muslim Personal Law - Conflict - The issue was whether a major unmarried Muslim daughter can claim maintenance from her father under Section 125 CrPC when Muslim personal law restricts maintenance until puberty. The court held that Section 125 CrPC is a secular provision and overrides personal law. The father's obligation to maintain his daughter continues until she is unable to maintain herself, regardless of majority or religion. (Paras 1-10) B) Criminal Procedure Code - Maintenance - Section 125 CrPC - Daughter's Right - The court held that a major unmarried daughter who is unable to maintain herself is entitled to maintenance from her father under Section 125 CrPC. The father cannot avoid liability by citing Muslim personal law. The court upheld the order of the Magistrate granting maintenance. (Paras 2-10)
Issue of Consideration
Whether a major unmarried Muslim daughter is entitled to maintenance from her father under Section 125 of the Code of Criminal Procedure, 1973, despite the provisions of Muslim personal law which limit maintenance until puberty.
Final Decision
The High Court allowed the petition, set aside the order of the Fast Track Court dated 25.10.2013, and restored the order of the Magistrate dated 17.04.2012 granting maintenance of Rs. 1,000 per month to the petitioner.
Law Points
- Maintenance under Section 125 CrPC is a statutory right
- Muslim personal law does not override Section 125 CrPC
- Father's obligation to maintain unmarried daughter continues even after majority if she is unable to maintain herself
- Daughter's right to maintenance is not dependent on religion
