'Unmarried major daughter can claim support from dad'

Mumbai: The Bombay high court has held that even if the parents of an unmarried daughter, who has attained the age of 18, have divorced or are estranged, the daughter is entitled to claim maintenance from the father. The court also held that even the mother is entitled to file application on behalf of her daughter seeking maintenance.

Justice Bharati Dangre passed this order while hearing a petition filed by a woman challenging the family court’s order dismissing her application seeking maintenance from her estranged husband for the couple’s 19-year-old daughter.

The petitioner claimed that her daughter is pursuing higher education and a considerable amo-unt is required to meet her day-to-day expenses that the petitioner is not able to arrange for.  The petitioner was getting a monthly maintenance of '25,000 from her husband and was seeking additional '15,000 for the daughter. The family court rejected her application saying as per section 125 (1) (b) of the CrPC, maintenance is to be paid only for minor children.

However, taking into consideration the orders passed by the apex court and the high courts, the Justice held that an unmarried major daughter, even if she doesn’t suffer from any disability, could also seek maintenance if she is financially not independent.

 The HC has directed the principal judge of the family court to consider the application afresh.