A single judge bench at High Court of Chhattisgarh held as follows while denying maintenance to a major daughter, who refused to live with father.
From Para 5,
5. It is explicit from impugned order that respondent has attained the majority and also pursuing B.A. final year. As per Section 125 Cr.P.C. to get maintenance daughter has to make out a case that she is unable to maintain herself or not attained the majority but in the present case, no such averment has been made. So the respondent is not entitled to get maintenance under Section 125 Cr.P.C. However, Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 recognize rights of maintenance to children and it is statutory obligation of Hindu to maintain his or her daughter, who is unmarried and is unable to maintain herself out of her own earning of other property.
This kind judge gave her legal advice through this judgment. Still have the tendency to think like an advocate!
From Paras 7 and 8,
7. Therefore, in view of the proposition held in Abhilasha (Supra) the application filed by the respondent under Section 125 Cr.P.C before the Family Court is not maintainable. Further, this Court reserves liberty in favour of the respondent/daughter to take recourse to Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956, if so advised, for claiming any maintenance against her father.
8. Reserving the aforesaid liberty, this revision is allowed and the impugned order is hereby quashed.
Citations: [2022 Latest Caselaw 7369 Chatt],
Other Sources:
https://indiankanoon.org/doc/32464509/
https://www.casemine.com/judgement/in/639a08eae4e7915eb4d2599d
https://www.latestlaws.com/judgements/chattisgarh-high-court/2022/december/2022-latest-caselaw-7369-chatt/
Index of Maintenance Judgments u/s 144 BNSS is here.
