Unmarried Daughters' Have Right To Maintenance Regardless Of Age Or Religion: Allahabad High Court
The Allahabad High Court held that unmarried daughters, regardless of their religious affiliation (Hindu or Muslim), have the right to obtain maintenance irrespective of their age.
A petition was filed under the Protection of Women from Domestic Violence Act, 2005 by the parents of three daughters challenging the order of grating maintenance to them.
Three daughters had filed a case claiming maintenance under the DV Act, alleging mistreatment by their father and step-mother. The trial court ordered interim maintenance, which was appealed by the respondents, arguing that the daughters were adults and financially independent. The appellate court had affirmed the trial court's decision.
A bench of Justice Jyotsna Sharma held that “there remains no doubt that unmarried daughter, whether Hindu or Muslim has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts have to look for other laws applicable when the question pertains to right to be maintained. However, where issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under section 20 of the DV Act itself.”
Advocate Khurshed Alam appeared for the Petitioner and Advocate Mohd. Warish Khan appeared for the Respondents.
The Court rejected the petitioner's argument that the daughters, being majors, cannot claim maintenance. It emphasized that the DV Act aims to provide more effective protection to women. The Court added, “it appears that the substantive right to receive maintenance may emanate from other laws, however quick and shorter procedure to obtain the same, has been provided in the DV Act, 2005.”
The Court further added, “In my opinion, if the 3 of 8 provisions of section 20(1)(d) of the DV Act are interpreted in harmony with rights given to an aggrieved person under any other law, it appears that the substantive right to receive maintenance may emanate from other laws, however quick and shorter procedure to obtain the same, has been provided in the the DV Act, 2005.”
The Court dismissed the revision, stating that there's no ground to interfere with the impugned orders.
Cause Title: Naimullah Sheikh & Anr. v. State of U.P. & Ors., [2024:AHC:4853]
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