Delhi High Court: Major Unmarried Daughter Entitled to Maintenance from Father
Court Clarifies Rights Under Hindu Adoptions and Maintenance Act, 1956
Joint Application with Mother Valid Despite Technical Objections
By Our Legal Reporter
New Delhi: December 09, 2025:
In a landmark judgment, the Delhi High Court has ruled that a major unmarried daughter can claim maintenance from her father, reinforcing the principle of gender equality and financial security for women. The ruling came in a case where a father challenged a family court order directing him to pay ₹45,000 per month as interim maintenance to his wife and daughter.
Justice Amit Mahajan dismissed the father’s plea, holding that a daughter’s right to maintenance cannot be denied merely because she is major, unmarried, and had filed a joint application with her mother under Section 125 of the CrPC.
Background of the Case
- Parties Involved: A wife and her major unmarried daughter filed a joint application under Section 125 CrPC seeking maintenance.
- Family Court Order: Directed the father to pay ₹45,000 per month as interim maintenance.
- Father’s Argument: Claimed that a major daughter cannot seek maintenance under Section 125 CrPC.
- High Court’s Decision: Held that while Section 125 CrPC may not directly apply, the daughter is entitled to maintenance under Section 20 of HAMA, 1956.
Court’s Observations
Justice Amit Mahajan made several important points:
- Section 20 of HAMA: A Hindu father is legally bound to maintain his unmarried daughter until she marries or becomes self-sufficient.
- Technical Objections: Dismissing the daughter’s claim on technical grounds would cause unnecessary litigation and abuse of process.
- Joint Application Valid: Even if filed under Section 125 CrPC, the family court had jurisdiction to grant maintenance under HAMA.
- No Prejudice to Father: Since the obligation exists under HAMA, the father cannot escape liability by citing procedural technicalities.
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Legal Context
The ruling harmonizes two important laws:
- Section 125 CrPC: Provides quick relief for wives, children, and parents unable to maintain themselves.
- Section 20 HAMA: Specifically obligates Hindu fathers to maintain their unmarried daughters.
By recognizing the daughter’s right under HAMA, the Court ensured that substantive justice prevails over procedural technicalities.
Implications of the Judgment
This judgment has wide-ranging implications:
- For Daughters: Strengthens their right to financial support until marriage or self-sufficiency.
- For Fathers: Reinforces their legal obligation to support unmarried daughters.
- For Family Courts: Clarifies that jurisdiction exists to grant maintenance under HAMA even if applications are filed under CrPC.
- For Society: Promotes gender equality and financial security for women.
Expert Views
Legal experts and social activists have welcomed the ruling:
- Family Law Specialists: Say the judgment prevents misuse of technicalities to deny rightful claims.
- Women’s Rights Advocates: Call it a progressive step towards ensuring financial independence for women.
- Lawyers: Stress that courts must prioritize substantive justice over procedural hurdles.
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Social Impact
The ruling is expected to encourage more daughters to assert their rights. Traditionally, many women refrained from seeking maintenance due to social stigma or fear of family disputes. With judicial backing, daughters now have stronger grounds to demand financial support.
This judgment also contributes to broader efforts to promote women’s empowerment and equality in family law.
Conclusion
The Delhi High Court’s ruling that a major unmarried daughter can seek maintenance from her father is a milestone in Indian family law. It clarifies that statutory rights under the Hindu Adoptions and Maintenance Act, 1956 cannot be denied due to procedural technicalities under the CrPC.
For daughters across India, the message is clear: your right to maintenance continues until marriage or self-sufficiency, and courts will uphold it.
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