As per case facts, two unmarried daughters sought maintenance from their father under Section 125 Cr.P.C. The Family Court granted them a certain monthly amount. Dissatisfied with the quantum, the ...
CRR(F)-1112-2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR(F)-1112-2022 (O&M)
Date of decision:07.07.2025
Bhavya Pathania and another
...Petitioner(s)
Versus
Navdeep Pathania
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Ms. Baani Chhibber Mahajan, Legal Aid Counsel with
Mr. Prateek Mahajan, Advocate and
Ms. Solani Sharma, Advocate, for the petitioners.
Mr. J.S. Mahal, Advocate, for the respondent.
Mr. Preetinder Singh Ahluwalia, Amicus Curiae with
Ms. Bhavi Kapur, Advocate and
Mr. Jaiveer Singh, Advocate.
****
JASGURPREET SINGH PURI, J.
1. An important question of law which has arisen in the present case
is whether an unmarried major daughter is entitled for the grant of maintenance
from her parents or not in a proceeding under Section 125 of the Code of
Criminal Procedure and if yes, then under what circumstances.
Facts of the present case
2. Two daughters of the respondent, aged 19 years and 15 years, filed
a petition under Section 125 of the Code of Criminal Procedure for the grant of
maintenance against their father before the learned Principal Judge, Family
Court, Gurdaspur which was allowed by way of impugned order dated
06.05.2022 by granting maintenance of Rs.10,000/- per month each to both the
daughters from the date of filing of the application till both of them either get
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married or get employed, whichever is earlier along with litigation expenses
to the tune of Rs. 5,000/-.
3. The present is a Criminal Revision Petition filed by both the
daughters for modification and enhancement of the maintenance amount with a
prayer that the amount be enhanced to Rs. 20,000/- per month each along with
litigation expenses of Rs. 50,000/-.
4. The marriage between the mother of the petitioners and the
respondent, who is the father of the petitioners, was solemnized on 08.12.1997
and out of the said wedlock, petitioners No.1 and 2 were born on 01.09.1998
and 19.08.2002 respectively. The relationship between the mother of the
petitioners and the respondent turned sour and as per the allegations, the
respondent also gave beatings to the mother of the petitioners and she came
back to her parental house. Complaints in this regard were also moved to the
police. The petitioners along with their mother are now residing in a house
belonging to the father of the respondent but they are living separately from the
respondent.
5. At the time of filing of the petition before the learned Principal
Judge, Family Court, petitioner No.1 was pursuing a degree of B.Sc. at DAV
University, Jalandhar and after completion of the same, she also completed her
B.Ed. and M.Sc. in Chemistry and at that point of time, she was major of the
age of 19 years and as per the learned counsel for the parties, she is still
unmarried. Petitioner No.2 was studying in 11
th
Standard in Jiya Lal Mittal,
DAV Public School, Gurdaspur and is pursuing a Bachelor's degree in
Veterinary Sciences from Khalsa College, Amritsar. She was a minor of the age
of 15 years at the time of filing of the petition and she has now attained the age
of majority and she is also unmarried.
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6. Before the learned Principal Judge, Family Court, it was proved on
record that the mother of the petitioners is working as a Teacher in Government
Senior Secondary School, Tibber and is drawing a salary of Rs. 48,000/- per
month. So far as the respondent who is the father of the petitioners is
concerned, it was proved on record that his gross salary was Rs. 1,18,000/- per
month, which he admitted during his cross-examination. The Principal Judge,
Family Court had granted maintenance of Rs.10,000/- per month each to the
petitioners which according to the respondent, he had been paying to the
petitioners. It was also the case of the respondent that he was paying the school
fee as well as admission fee of the petitioners.
7. There was neither anything on the record before the learned
Principal Judge, Family Court nor before this Court nor the same has been
pleaded by the respondent who is the father of the petitioners to show that the
petitioners are employed or have any source of income. Therefore, the fact that
both the petitioners, though majors, are unmarried and unemployed is not in
dispute. It is also not in dispute that the petitioners have attained various
educational qualifications. It is further not in dispute that the petitioners along
with their mother have been residing separately from the respondent since the
year 2017, although they are living in a house belonging to the father of the
respondent.
Submissions made by the learned counsel for the parties
8. Learned counsel for the petitioners submitted that she is a Legal
Aid Counsel for the petitioners and the prayer in the present petition is for the
modification and enhancement of the maintenance amount awarded by the
learned Principal Judge, Family Court, Gurdaspur on the ground that the
maintenance amount awarded is on the lower side considering the status of the
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parties, educational qualification of the petitioners, the fact that the petitioners
have no source of income and other relevant factors including the cost of
living. She submitted that although the petitioners are living with their mother,
who is employed as a Teacher and is earning Rs. 48,000/- per month but it is a
case where the mother of the petitioners has not filed any petition for the grant
of maintenance from the respondent. At the same time, the petitioners who are
the daughters of the respondent have filed a petition for the grant of
maintenance as their independent right, which accrues to them under Section
125 of the Code of Criminal Procedure, being a statutory right. She submitted
that so far as the salary of the respondent who is the father of the petitioners is
concerned, it is an admitted position that he is drawing a salary of Rs.
1,18,000/- per month and therefore, it is not a case where the respondent lacks
the means to pay maintenance to the petitioners and rather, he has substantial
means to do so under the provisions of Section 125 of the Code of Criminal
Procedure. She further submitted that it would become a case of contributory
maintenance by both the mother and the father but the income of their mother
is less than half of that of their father and at the same time, the petitioners are
residing with their mother after separation from the respondent. She also
submitted that the mother of the petitioners has her own expenditures to incur
including household expenses and therefore, the amount of maintenance fixed
by the learned Principal Judge, Family Court i.e., Rs. 10,000/- per month each
to both the petitioners is on the lower side and is liable to be enhanced to Rs.
20,000/- per month each. She further submitted that out of the respondent’s total
salary of Rs. 1,18,000/- per month, an amount of Rs. 20,000/- per month each,
totalling Rs. 40,000/- per month for both the petitioners who are his daughters is
a reasonable amount which is approximately 1/3
rd
of his total salary, and
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therefore, the petitioners are entitled for the same under the law. Learned
counsel also submitted that at the time of filing of the petition, both the
petitioners were studying in higher classes and they have since completed their
respective degrees. She submitted that the amount of Rs. 10,000/- per month
each is insufficient taking into consideration the cost of living, cost of
education, medical expenses and various other expenditures to be borne by the
petitioners, who are grown-up daughters of the respondent. She also specifically
submitted that both the petitioners are unmarried, unemployed and have no
source of income of their own.
9. On the other hand, learned counsel appearing on behalf of the
respondent submitted that so far as the amount of Rs. 10,000/- per month each
to the petitioners is concerned, the respondent has already been paying the said
amount to the petitioners and he does not dispute the same but no case is made
out for enhancement of the aforesaid amount, as the mother of the petitioners is
also earning, being a Teacher and she herself has withdrawn from the society of
the respondent without any reason or excuse and therefore, no case is made out
for enhancement of the maintenance amount.
10. Learned counsel for the respondent also submitted that the
petitioners are not entitled for maintenance under Section 125 of the Code of
Criminal Procedure since they have attained the age of majority and even if
they are unmarried, they are not entitled for maintenance as they are majors. He
submitted that under the provisions of Section 125 of the Code of Criminal
Procedure the maintenance can be granted by the parents only to their minor
children. He further submitted that at the time of filing of the petition under
Section 125 of the Code of Criminal Procedure before the learned Principal
Judge, Family Court, petitioner No.1 was already major i.e. of the age of 19
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years which is an undisputed fact and petitioner No.2 was of the age of 15 years
regarding which at the most she would have been entitled for maintenance for a
period of three years only i.e. till the age of majority and thereafter, both the
petitioners are not entitled for maintenance by virtue of the provisions of
Section 125 Cr.P.C and therefore, the present petition is liable to be dismissed
on this ground as well. He further submitted that the learned Principal Judge,
Family Court while granting the maintenance by way of the impugned order
also directed that the maintenance of Rs. 10,000/- per month each for the
petitioners will be given by the respondent till both the petitioners get married
or they get employment whichever is earlier. He submitted that the aforesaid
finding was erroneous because by virtue of Section 125 Cr.P.C under which the
petition was filed by the petitioners before the learned Principal Judge, Family
Court, a major child is not entitled for the grant of maintenance. He however
specifically submitted that the respondent has not challenged the present
impugned order. He also submitted that the respondent is ready and willing to
pay the aforesaid amount of maintenance of Rs. 10,000/- per month each to the
petitioners but the amount be not enhanced in view of the aforesaid facts and
circumstances and also in view of the fact that now both the petitioners have
attained the age of majority and therefore, the present petition may be
dismissed.
11. Learned counsel appearing on behalf of the petitioners while
replying to the arguments raised by the learned counsel for the respondent
pertaining to the maintainability for grant of maintenance to an unmarried major
daughter submitted that the petitioners being unmarried daughters, although
attained the age of majority were certainly entitled for the grant of maintenance
even in a proceeding under Section 125 Cr.P.C because the jurisdiction to try
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the proceedings under Section 125 Cr.P.C vests with Family Court under the
provisions of the Family Courts Act, 1984. The present impugned order has
been passed by the learned Principal Judge, Family Court, Gurdaspur under the
provisions of the Family Courts Act, 1984. She submitted that even if under the
provisions of Section 125 of the Code of Criminal Procedure, the right vests in
a daughter who is a minor but at the same time, the right to seek maintenance
also vests in the petitioners under the Hindu Law by virtue of the provisions of
Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 whereby
even a major daughter is entitled for the grant of maintenance. She submitted
that in the State of Punjab, the Family Courts Act, 1984 is operative and Family
Courts have been set up to entertain the dispute pertaining to matrimonial
disputes as well as claims of maintenance and in this way, a
suit/petition/application filed under Section 20 (3) of the Hindu Adoptions and
Maintenance Act, 1956 also lies before the learned Family Court. She submitted
that in this way for both the proceedings i.e. under Section 125 of the Code of
Criminal Procedure and also under Section 20 (3) of the Hindu Adoptions and
Maintenance Act, 1956, the jurisdiction vests with the Family Court in the State
of Punjab. She further submitted that the right to seek maintenance even after
attaining the age of majority accrues from the provisions of the Hindu
Adoptions and Maintenance Act, 1956 and therefore, even if the right of a
major daughter is not vested under the provisions of Section 125 Cr.P.C, still in
order to avoid multiplicity of litigations and considering the inherent right under
the Hindu Law and the statutory provisions of the Hindu Adoptions and
Maintenance Act, 1956, the learned Family Court is empowered to grant
maintenance to an unmarried major daughter.
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12. Learned counsel relied upon the judgments of Hon’ble Supreme
Court in Jagdish Jugtawat Versus Manju Lata, 2002(5) SCC 422 and
Abhilasha Versus Parkash, 2021 (13) SCC 99 and submitted that in view of
the aforesaid judgments, the petitioners were entitled for the grant of
maintenance even in a proceeding under Section 125 Cr.P.C despite the fact
that they have attained the age of majority being unmarried and unemployed
because the jurisdiction to try proceedings under Section 125 Cr.P.C as well as
Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 vests with the
Family Court in the State of Punjab. She submitted that in view of the aforesaid
legal position, the objection raised by the learned counsel for the respondent
was not sustainable.
13. This Court on 24.02.2025 had appointed Mr. Preetinder Singh
Ahluwalia, Advocate as Amicus Curiae to assist this Court on the aforesaid
proposition of law as to whether an unmarried major daughter was entitled for
grant of maintenance in a proceeding under Section 125 Cr.P.C or not.
14. Mr. Preetinder Singh Ahluwalia, learned Amicus Curiae addressed
arguments on the aforesaid question of law and also referred to various
judgments in this regard. He also referred to the judgments of Hon’ble
Supreme Court in Jagdish Jugtawat's case (Supra) and Abhilasha's case
(Supra). He submitted that as per the aforesaid judgments in a proceeding
under Section 125 Cr.P.C, a daughter after attaining the age of majority, even if
unmarried was not entitled for the grant of maintenance. However, the aforesaid
proposition is not absolute in nature. While referring to the aforesaid judgments
particularly in Abhilasha's case (Supra), he submitted that when proceedings
under Section 125 Cr.P.C have been instituted and taken place before the
learned Judicial Magistrate where the Family Courts are not operative, an
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unmarried major daughter was not entitled for the grant of maintenance being
purely under Section 125 Cr.P.C under which it is not permissible for a major
daughter. However, when the petitions under Section 125 Cr.P.C are being tried
by a Family Court established under the Family Courts Act, 1984 and by way of
the personal law/statutory law governing the parties, an unmarried daughter is
otherwise entitled for the grant of maintenance even after attaining the age of
majority, then there can be no bar for the learned Family Court to grant
maintenance, even under Section 125 Cr.P.C to an unmarried major daughter.
He submitted that in the present case the parties are governed by the provisions
of the Hindu Adoptions and Maintenance Act, 1956 and under the provisions of
Section 20(3), an unmarried major daughter was also entitled for the grant of
maintenance and a suit/petition under Section 20 (3) of Hindu Adoptions and
Maintenance Act, 1956 also lies before the Family Courts in the State of
Punjab. Petition under Section 125 Cr.P.C in the present case as well was also
filed before the learned Family Judge who passed the impugned order. In this
way, the jurisdiction for trial of a petition under Section 125 Cr.P.C and under
Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 vests with
the Family Court in the State of Punjab and therefore, in view of the aforesaid
judgment of the Hon’ble Supreme Court in Abhilasha's case (Supra), there is
no bar for grant of maintenance to an unmarried major daughter in the present
case.
15. Mr. Preetinder Singh Ahluwalia, learned Amicus Curiae further
referred to various other judgments of the High Courts of other States. He
referred and relied upon a Division Bench judgment of Kerala High Court in
Muhammed Shaji Versus State of Kerala and others, 2023(2) ILR Kerala 406,
a judgment of Bombay High Court in Murlidhar Krushnarao Virulkar Versus
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Ku. Neha, 2025 (1) AIR BomR (Cri) 227, a judgment of Allahabad High Court
in Awadhesh Singh Versus State of U.P and others, 2025(168) ALR 850 and
another judgment of Allahabad High Court in Kumari Nidhi Gupta Versus
State of U.P. and another, 2024 (164) ALR 587 wherein it was so observed
that an unmarried major daughter was entitled for the grant of maintenance,
even in a proceeding under Section 125 Cr.P.C in case the same is tried by a
Family Court where both the jurisdictions vest. He also referred to a judgment
of this Court in Archana and others Versus Virender Singh, CRR(F)67796
2024, decided on 29.05.2024 wherein it was held that so far as the unmarried
daughter is concerned, liberty was granted to an unmarried major daughter to
file a petition under Section 20(3) of the Hindu Adoptions and Maintenance
Act, 1956.
Analysis of question of law
16. A legal issue involved in the present case is as to whether an
unmarried major daughter was entitled for the grant of maintenance under
Section 125 Cr.P.C or not. It needs to be considered in the light of statutory
provisions of law as well as judgments of Hon’ble Supreme Court and other
High Courts.
17. Section 125 of the Code of Criminal Procedure is reproduced as
under:-
“125. Order for maintenance of wives, children and parents.—
(1) If any person having sufficient means neglects or refuses to
maintain—
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or
not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married
daughter) who has attained majority, where such child is, by
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reason of any physical or mental abnormality or injury unable to
maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a
Magistrate of the first class may, upon proof of such neglect or
refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such
monthly rate, as such Magistrate thinks fit, and to pay the same
to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor
female child referred to in clause (b) to make such allowance,
until she attains her majority, if the Magistrate is satisfied that
the husband of such minor female child, if married, is not
possessed of sufficient mean”.
18. Under the new Act i.e. Bharatiya Nagarik Suraksha Sanhita, 2023,
provisions similar to Section 125 Cr.P.C for grant of maintenance to the wives,
children and parents have also been incorporated in Section 144 of BNSS,
2023. However, there has been a slight change in the provisions of Section 144
(1) (b) of BNSS, 2023, whereby now the expression 'minor' has been deleted
which was earlier in existence in Section 125 Cr.P.C. Section 144(1) (b) is
reproduced as under:-
“144 (1) (b) his legitimate or illegitimate child, whether
married or not, unable to maintain itself; or”
19. Since the issue involved in the present case is pertaining to Section
125 Cr.P.C only, the legal issue involved in the present case would be confined
only to the provisions of Section 125 Cr.P.C and not Section 144 of BNSS,
2023.
20. Section 20 of the Hindu Adoptions and Maintenance Act, 1956 is
reproduced as under:-
“20. Maintenance of children and aged parents.―(1)Subject
to the provisions of this section a Hindu is bound, during his or
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her life-time, to maintain his or her legitimate or illegitimate
children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance
from his or her father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or
infirm parent or a daughter who is unmarried extends in so far
as the parent or the unmarried daughter, as the case may be, is
unable to maintain himself or herself out of his or her own
earnings or other property”.
21. A perusal of the provisions of Section 125 Cr.P.C would show that
grant of maintenance is permissible for minor children and therefore in a
proceeding under Section 125 Cr.P.C, an unmarried major daughter is not
entitled for the grant of maintenance purely on the basis of the provisions of
Section 125 Cr.P.C. However, the aforesaid impermissibility under Section 125
Cr.P.C is not absolute and is subject to exceptions and by virtue of Section
125(1) (c) of Cr.P.C., a major child not being a married daughter can claim
maintenance after attaining majority where such child is by reason of any
physical or mental abnormality or injury unable to maintain herself.
22. In Jagdish Jugtawat’s case (Supra), the learned Family Court
granted maintenance to an unmarried major daughter as well which was
assailed before the learned Single Judge of the High Court which accepted the
legal position that under Section 125 Cr.P.C, a minor daughter is entitled to
maintenance from her parents only till she attains majority but at the same time
declined to interfere with the order passed by the learned Family Court taking
cue from Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956
under which the right of maintenance was granted to a minor daughter till her
marriage. The learned Single Judge of the High Court declined to interfere
because of the reason so as to avoid multiplicity of litigations and therefore, did
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not interfere in the order passed by the learned Family Court whereby
maintenance was granted to an unmarried major daughter. The aforesaid
judgment of the learned Single Judge was assailed before the Hon’ble Supreme
Court. The Hon'ble Supreme Court also declined to interfere in view of the
facts and circumstances of the case. The relevant portion of the aforesaid
judgment of the Hon’ble Supreme Court contained in para No.3 and 4 are
reproduced as under:-
3. In view of the finding recorded and the observations made by the
learned Single Judge of the High Court, the only question that
arises for consideration is whether the order calls for interference.
A similar question came up for consideration by this Court in the
case of Noor Saba Khatoon v. Mohd. Quasim . 1997 6 SCC 233
relating to the claim of a Muslim divorced woman for maintenance
from her husband for herself and her minor children. This Court
while accepting the position that Section 125 Cr.P.C does not fix
liability of parents to maintain children beyond attainment of
majority, read the said provision and Section 3(1)(b) of the Muslim
Women (Protection of Rights on Divorce) Act together and held
that under the latter statutory provision liability of providing
maintenance extends beyond attainment of majority of a dependent
girl.
4. Applying the principle to the facts and circumstances of the case
in hand, it is manifest that the right of a minor girl for
maintenance from parents after attaining majority till her marriage
is recognized in Section 20(3) of the Hindu Adoptions and
Maintenance Act. Therefore, no exception can be taken to the
judgment/order passed by the learned Single Judge for
maintaining the order passed by the Family Court which is based
on a combined reading of Section 125 Cr.P.C. and Section 20(3) of
the Hindu Adoptions and Maintenance Act. For the reasons
aforestated we are of the view that on facts and in the
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circumstances of the case no interference with the impugned
judgment/order of the High Court is called for.
23. In Abhilasha’s case (Supra), this issue again came up for
consideration before the Hon’ble Supreme Court. Two questions were framed
in para No.7 of the judgment as follows:-
“7.1. (i) Whether the appellant, who although had attained
majority and is still unmarried is entitled to claim
maintenance from her father in proceedings under Section
125 Cr.P.C although she is not suffering from any physical or
mental abnormality/injury?
7.2 (ii) Whether the orders passed by learned Judicial
Magistrate as well as learned Revisional Court limiting the
claim of the appellant to claim maintenance till she attains
majority on 26.04.2005 deserves to be set aside with
direction to the respondent 1 to continue to give maintenance
even after 26.04.2005 till the appellant remains unmarried?
24. Both the aforesaid questions being inter-connected were taken up
together i.e. as to whether a Hindu unmarried daughter is entitled to claim
maintenance from her father under Section 125 Cr.P.C only till she attains the
age of majority or she can claim maintenance till she remains unmarried.
Hon’ble Supreme Court also referred and discussed its earlier judgment in
Jagdish Jugtawat’s case (Supra) and observed that in the aforesaid judgment,
the Supreme Court had refused to interfere with the judgment of High Court
but in refusal to interfere, no ratio can be read in the judgment of Jagdish
Jugtawat’s case (Supra). Hon’ble Supreme Court discussed a correlation
between Section 125 Cr.P.C. and Section 20(3) of the Hindu Adoptions and
Maintenance Act, 1956 particularly in the context of the Court of jurisdiction. It
was observed that Section 20 of the Hindu Adoptions and Maintenance Act,
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1956 casts a clear statutory obligation on a Hindu to maintain his unmarried
daughter who is unable to maintain herself and this right when she is unable to
maintain herself is absolute and has been given under personal law and
therefore it can be enforced against her father. Even in the judgment passed by
Hon'ble Supreme Court in Jagdish Jugtawat’s case (Supra), it was held that
under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, a
minor girl was entitled to claim maintenance after she attains majority till her
marriage from her father and therefore unmarried daughter is clearly entitled for
maintenance from her father till she is married even though she has become
major, which is a statutory right recognized by Section 20(3) of the Hindu
Adoptions and Maintenance Act, 1956 and can be enforced by an unmarried
daughter in accordance with law.
25. It was further observed by Hon’ble Supreme Court that after the
enactment of the Family Courts Act, 1984, the Family Court exercised
jurisdiction which was earlier exercisable by Judicial Magistrate First Class
under Cr.P.C. relating to the order for maintenance of wife, children and parents
and so far as those places where the Family Court is not established, a suit or a
proceeding for maintenance including the proceedings under Section 20 of the
Hindu Adoptions and Maintenance Act, 1956 are maintainable at District Court
or any other subordinate Civil Court. In this way, where the Family Court is not
established or operative, a petition under Section 125 Cr.P.C. is tried by Judicial
Magistrate First Class and proceeding under Section 20 of the Hindu Adoptions
and Maintenance Act, 1956 lies before a District Court or any subordinate Civil
Court. However at the same time in those cases where the Family Court has
been established and is operative and has jurisdiction to decide a case under
Section 125 Cr.P.C. as well as a suit under Section 20 of the Hindu Adoptions
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and Maintenance Act, 1956, then in such eventuality, Family Court can exercise
jurisdiction under both the Acts and in an appropriate case can grant
maintenance to an unmarried daughter even though she has become major
enforcing her right under Section 20 of the Hindu Adoptions and Maintenance
Act, 1956 so as to avoid multiplicity of proceedings which is in consonance
with the earlier judgment passed by Hon’ble Supreme Court in Jagdish
Jugtawat’s case (Supra). However, learned Magistrate in exercise of powers
under Section 125 Cr.P.C. cannot pass such an order. In the facts of the
aforesaid case before Hon’ble Supreme Court, the application for maintenance
was filed under Section 125 Cr.P.C. before the learned Judicial Magistrate First
Class, Rewari and therefore, proceedings under Section 20(3) of the Hindu
Adoptions and Maintenance Act, 1956 could not have been filed before the
Magistrate and therefore, after attaining the age of majority, maintenance was
held to be not permissible. Paras No.32, 33, 34 and 35 of the aforesaid
judgment are reproduced as under:-
“32. The provision of Section 20 of the 1956 Act casts clear
statutory obligation on a Hindu to maintain his unmarried
daughter who is unable to maintain herself. The right of
unmarried daughter under Section 20 to claim maintenance from
her father when she is unable to maintain herself is absolute and
the right given to unmarried daughter under Section 20 is rightly
granted under personal law, which can very well be enforced by
her against her father. The judgment of this Court in Jagdish
Jugtawat (supra) laid down that Section 20(3) of the 1956 Act
recognised the right of a minor girl to claim maintenance after she
attains majority till her marriage from her father. Unmarried
daughter is clearly entitled for maintenance from her father till she
is married even though she has become major, which is a statutory
right recognised by Section 20(3) and can be enforced by
unmarried daughter in accordance with law.
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33. After enactment of Family Courts Act, 1984, a Family Court
shall also have the jurisdiction exercisable by a Magistrate of the
First Class under Chapter IX Cr.P.C. relating to order for
maintenance of wife, children and parents. Family Courts shall
have the jurisdiction only with respect to city or town whose
population exceeds one million, where there is no Family Court,
proceedings under Section 125 Cr.P.C. shall have to be before the
Magistrate of the First Class. In an area where the Family Court is
not established, a suit or proceedings for maintenance including
the proceedings under Section 20 of the 1956 Act shall only be
before the District Court or any subordinate civil court.
34. There may be a case where the Family Court has jurisdiction
to decide a case under Section 125 Cr.P.C. as well as the suit
under Section 20 of the 1956 Act, in such eventuality, Family
Court can exercise jurisdiction under both the Acts and in an
appropriate case can grant maintenance to unmarried daughter
even though she has become major enforcing her right under
Section 20 of the 1956 Act so as to avoid multiplicity of
proceedings as observed by this Court in Jagdish Jugtawat
(supra). However the Magistrate in exercise of powers under
Section 125 Cr.P.C. cannot pass such order.
35. In the case before us, the application was filed under Section
125 Cr.P.C. before Judicial Magistrate First Class, Rewari who
passed the order dated 16.02.2011. The Magistrate while deciding
proceedings under Section 125 Cr.P.C. could not have exercised
the jurisdiction under Section 20(3) of the 1956 Act and the
submission of the appellant cannot be accepted that the Court
below should have allowed the application for maintenance even
though she has become major. We do not find any infirmity in the
order of the Judicial Magistrate First Class as well as the learned
Additional Magistrate in not granting maintenance to the
appellant who had become major.”
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26. Considering the aforesaid observations made by Hon’ble Supreme
Court, it is clear that when a petition is filed under Section 125 Cr.P.C. which is
tried by a Judicial Magistrate First Class under the provisions of Cr.P.C., an
unmarried daughter after attaining the age of majority is not entitled for grant of
maintenance because of the scope of the provisions of Section 125 Cr.P.C.
However when in a place where Family Courts have been established and are
operative and a petition is filed under Section 125 Cr.P.C. before a Family Court
and at the same time under the respective personal laws, an unmarried daughter
is also entitled for grant of maintenance from her father till she is married or
gainfully employed, then in order of avoid multiplicity of litigations, the learned
Family Court even in exercise of its powers under Section 125 Cr.P.C. can grant
maintenance to an unmarried major daughter. One such example is that of the
present case i.e. when right of maintenance in favour of an unmarried daughter
from her father even after attaining of age of majority till she is married or
gainfully employed is permissible under the Hindu Law by virtue of Section
20(3) of the Hindu Adoptions and Maintenance Act, 1956, then in order to
avoid multiplicity of litigations the learned Family Court is well within its
jurisdiction and in the facts and circumstances of each and every case may grant
maintenance to an unmarried major daughter till she gets married or till she is
unable to maintain herself out of her own earnings or other property.
27. It will also be appropriate to refer to the judgments of various other
High Courts in which the judgment of Hon’ble Supreme Court in Abhilasha’s
case (Supra) has been considered. A Division Bench of Kerala High Court in
Muhammed Shaji's case (Supra) observed that the rationale behind grant of
maintenance to an unmarried major daughter by a Family Court is that
otherwise the claimant who has knocked the doors of the Court for maintenance
CRR(F)-1112-2022 (O&M) -19-
under Section 125 Cr.P.C. will have to again approach the Family Court with
the latter plea, if the former plea is found to be rejected or not maintainable and
therefore, technical approach should not be resorted to in such matters where
the matters relate to maintenance claims with an objective not to drive the
litigant to file a fresh claim. Paras No.29 and 30 of the aforesaid judgment are
reproduced as under:-
“29. The Three-Judge Bench verdicts of the Apex Court in para
4 of Jagdish Jugtawat's case supra [(2002) 5 SCC 422] as well
as para 33 of Abhilasha's case supra [AIR 2020 SC 4355],
have clearly held that, even if a claim under Sec. 125 of the Cr.
P.C. is liable to be repelled and if the claim is otherwise
maintainable under the Personal Law, as enunciated in the
Hindu Adoption & Maintenance Act, etc., then to avoid
multiplicity of proceedings, the Family Court can consider the
latter claim, even if it is bound to dismiss the former claim. The
Apex Court in para 26 of Abhilasha's case supra [AIR 2020 SC
4355], has also referred to Muslim Personal Law provisions in
that regard and the same reads as follows:
“26. Muslim Law also recognises the obligation of father to
maintain his daughters until they are married. Referring to
Mulla's Principles of Mohammedan Law, this Court in State of
Haryana and others v. Santra (Smt.), ( 2000) 5 SCC 182 : AIR
2000 SC 1888 in paragraph 40 held:—
“40. Similarly, under the Mohammedan Law, a father is bound
to maintain his sons until they have attained the age of puberty.
He is also bound to maintain his daughters until they are
married. [See : Mulla's Principles of Mohammedan Law (19th
Edn.) page 300] …………………. “”
The simple rationale for this, as enunciated in the verdicts of the
Apex Court, is that otherwise the claimant, who has knocked the
doors of the Court, for maintenance under Sec. 125 of the Cr.
P.C., will have to again approach the Family Court with the
CRR(F)-1112-2022 (O&M) -20-
latter plea, if the former plea is found to be rejected or not
maintainable. So, the approach taken by the Apex Court is
clearly to the effect that, hyper-technical approach need not be
resorted to in such matters, where such matters relate to
maintenance claims and if the claim is otherwise maintainable,
as stated above, then the Family Court, which has jurisdiction in
that regard, can entertain such claims, without having to drive
the litigant to file a fresh claim. Of course, this option is
available only where the claim is made before the Family Court,
since the Family Court will have jurisdiction to consider claims
not only under Sec. 125 of the Cr. P.C., but also claims as in the
Hindu Adoption & Maintenance Act as well as Muslim Personal
Law, etc. The abovesaid approach, initially enunciated in
Jagdish Jugtawat's case supra [(2002) 5 SCC 422], has been
reiterated by the Apex Court in Abhilasha's case supra [AIR
2020 SC 4355]”.
30. In the instant case, the claim has been made by
the respondent herein before the Family Court. Hence, in
answer to the reference issue, we would hold that, for a major
unmarried Muslim daughter, who is not suffering from any
physical or mental abnormality or injury, as envisaged in clause
(c) of sub-section 1 of Section 125 of the Cr.P.C., a claim made
before the Family Court under Section 125 of the Cr.P.C., will
not be maintainable. However, in case the claimant appears to
be otherwise eligible for maintenance, in terms of Muslim
Personal Law, then the Family Court need not drive the litigant
to file a fresh claim and with the wholesome objective of
avoidance of multiplicity of proceedings in maintenance claims,
the Family Court can entertain the maintenance plea, under
Muslim Personal Law. We answer the reference accordingly”.
28. In Murlidhar Krushnarao Virulkar's case (Supra), Bombay High
Court observed that the learned Magistrate while exercising powers under
Section 125 Cr.P.C. was not having any jurisdiction to pass any order of
CRR(F)-1112-2022 (O&M) -21-
maintenance for a major unmarried daughter unless she was suffering from any
mental or physical abnormality or injury but at the same time such an order was
permissible to have been passed by the learned Family Court who has
jurisdiction to deal with the cases of granting maintenance under Section 125
Cr.P.C. as well as under Section 20(3) of the Hindu Adoptions and Maintenance
Act, 1956. Para No.16 of the aforesaid judgment is reproduced as under:-
“16. Thus, the outcome of the aforesaid discussion is that the order
of learned Magistrate granting maintenance to unmarried major
daughter unable to maintain herself but not having any mental or
physical abnormality or injury, while exercising jurisdiction under
Section 125 of Cr. P. C. is not sustainable in the eye of law, but if
such order is passed by learned Family Court, then it is certainly
sustainable, since learned Family Court is having jurisdiction to
deal with the cases of granting maintenance under Section 125 of
Cr. P. C. as well as under Section 20(3) of HAMA, 1956.
Admittedly, this point in respect of jurisdiction of the Magistrate
vis-a-vis jurisdiction of the Family Court is not discussed in the
impugned judgment, but it would be rather harsh, if the non-
applicant/daughter is again asked to go for filing maintenance
application under Section 20(3) of HAMA, 1956 afresh and that
too after about 9 years. Therefore, the impugned order passed by
the learned Family Court appears perfectly right as it was
definitely possessing jurisdiction i.e. under Section 125 of Cr.P.C.
as well as under Section 20(3) of the HAMA, 1956 simultaneously.
Therefore, in the light of observation of the Hon’ble Apex Court in
para 34 of the judgment in the case of Abhilasha (supra), no
interference is required in the impugned judgment and the revision
application therefore, stands dismissed and disposed of”.
29. In Awadhesh Singh's case (Supra), Allahabad High Court
observed that in that case an order which has been passed by the Family Court
CRR(F)-1112-2022 (O&M) -22-
which has jurisdiction to entertain application under Section 125 Cr.P.C. as well
as under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, no
purpose will be served in interfering with the revision and relegating the
daughter to move a fresh application before the same Court under different
provision of law i.e. under Section 20(3) of the Hindu Adoptions and
Maintenance Act, 1956. Paras No.50, 51 and 52 of the aforesaid judgment are
reproduced as under:-
“50. In the present case, the order impugned has been
passed by the family court exercising jurisdiction under
Family Courts Act, 1984. The family court has jurisdiction
for trying cases both under Section 125 Cr.P.C. as well as
under Section 20 of the Act of 1956.
51. In case of Abhilasha v. Parkash (supra), the Supreme
Court has held that an unmarried daughter has right of
maintenance under Section 125 Cr.P.C. till she attains
majority or is covered by the exception as carved out in
the Section 125 Cr.P.C. The Supreme Court, however,
declined to interfere with the order impugned before the
Supreme Court for the reason that the proceedings were in
the aforesaid case before Judicial Magistrate First Class
and not before family court. The Judicial Magistrate First
Class has no jurisdiction to entertain an application under
Section 20 of the Act of 1956. The Supreme Court also
granted liberty to the appellants before the Supreme Court
to take recourse Sub-clause (3) of Section 20 of the Act of
1956, if so advised, for claiming any maintenance against
her father.
52. Since, in the present case, the order has been passed
by the family court which has jurisdiction to entertain the
application under Section 125 Cr.P.C. as well as
application under Sub-clause (3) of Section 20 of Act of
1956, no purpose will be served in interfering with the
CRR(F)-1112-2022 (O&M) -23-
revision and relegating the daughter to move a fresh
application before the same court under different
provision of law i.e. Section 20(3) of Act of 1956, and
therefore, I am not inclined to interfere with the order and
consequently, the revision No. 83 of 2023 fails and
is dismissed.”
30. In another judgment passed by Allahabad High Court in Kumari
Nidhi Gupta’s case (Supra), an order passed by the learned Family Court by
which the grant of maintenance to a major unmarried daughter was declined
was set aside by the High Court with a direction to treat the application moved
by the applicant under Section 125 Cr.P.C. as an application moved under
Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 and to decide
the same in accordance with law. Paras No.14, 15, 16, 17 and 18 of the
aforesaid judgment are reproduced as under:-
“14. In the present case, the family court has committed a legal
error while dismissing the application for maintenance filed by
the applicant from her father-present respondent No.2 only on
the ground that she has attained age of majority despite the
admitted fact that she was unmarried at the time of impugned
judgement. The marriage of parents of the revisionist has
already been dissolved by a decree of divorce passed on
12.7.2016, in Matrimonial Suit No.65 of 2021, Lalit Gupta @
Manoj Gupta vs. Smt. Alka @ Bebi, under Section 13 of
Hindu Marriage Act and a lump-sum maintenance has been
awarded in said order for maintenance to the mother and
minor brother of the revisionist therein as the revisionist was
residing with her father at that time. The family court is
empowered to treat the application under Section 125 Cr.P.C.
moved by the revisionist seeking maintenance from her father
may be treated as maintenance petition under Section 20(3) of
the Act, 1956 by the court below and same should have been
liable to be decided accordingly, without dismissing the
CRR(F)-1112-2022 (O&M) -24-
application under Section 125 Cr.P.C. on technical ground that
the application was not maintainable under Section 125
Cr.P.C. as the applicant-daughter had already attained age of
majority and she was not entitled to seek maintenance under
Section 125 Cr.P.C. A fine distinction has been drawn by
Hon’ble Apex Court in Abhilasha vs. Prakash and others
(supra) in this regard, where it is held that the provision of
Section 20 of Act, 1956 cast clear statutory obligation on a
Hindu to maintain his unmarried daughter who is unable to
maintain herself. The right of unmarried daughter under
Section 20 to claim maintenance from her father when she is
unable to maintain herself is absolute and the right given to
unmarried daughter under Section 20 is right granted under
personal law, which can very well be enforced by her against
her father. Unmarried daughter is clearly entitled for
maintenance from her father till she is married even though
she has become major, which is a statutory right recognised by
Section 20(3) and can be enforced by unmarried daughter in
accordance with law.
15. In the light of forgoing discussion and placing reliance on
dictum of Hon’ble Apex Court in Abhilasha vs. Prakash and
others (supra), it is clear that in order to avoid multiplicity of
proceedings, a consistent stand is liable to be taken that the
petition under Section 125 Cr.P.C. can be entertained by
Family Court without pushing the major daughter of the
opposite party to file an independent petition seeking
maintenance under Section 20(3) of the Act. The family court
has got jurisdiction to decide the case under Section 125
Cr.P.C. as well as maintenance suit under Section 20 of the
Act, 1956. Therefore, the family court can exercise jurisdiction
under both the acts and in appropriate case can grant
maintenance to unmarried major daughter from her father,
even though she has become major, enforcing her rights under
Section 20 of the Act, 1956, so as to avoid multiplicity of the
proceedings.
CRR(F)-1112-2022 (O&M) -25-
16. Hon’ble Apex Court also held that there may be a case
where the Family Court has jurisdiction to decide a case under
Section 125 Cr.P.C. as well as the suit under Section 20 of Act,
1956, in such eventuality, Family Court can exercise
jurisdiction under both the Acts and in an appropriate case
can grant maintenance to unmarried daughter even though she
has become major enforcing her right under Section 20 of Act,
1956 so as to avoid multiplicity of proceeding.
17. Accordingly, present criminal revision stands allowed and
the impugned order passed by learned family court is set aside.
18. The Family Court concerned is directed to treat the
application moved by the applicant/revisionist under Section
125 Cr.P.C. as an application moved under Section 20(3) of
Hindu Adoption and Maintenance Act, 1956 and decide the
same afresh in accordance with law and on merits of the case,
after giving opportunity of hearing to both the parties,
preferably within a period of three months from the date of
presentation of certified order of this Court.”
31. In a judgment passed by this Court in Archana’s case (Supra), it
was held that one of the petitioners who was the daughter and had attained the
age of majority and was unmarried was entitled to maintenance only by reason
of physical or mental abnormality or injury when she is unable to maintain
herself and therefore, this Court observed that if so advised the petitioner who
was an unmarried major daughter be at liberty to take recourse to Section 20(3)
of the Hindu Adoptions and Maintenance Act, 1956. In that case the petition
under Section 125 Cr.P.C. was also filed before the learned Family Court.
However this Court is of the considered view that this Court is bound to follow
the law laid down by Supreme Court in Abhilasha’s case (Supra) for answering
the question of law in the present case.
CRR(F)-1112-2022 (O&M) -26-
32. The upshot of the aforesaid discussion and the judgments of
Hon’ble Supreme Court particularly in Abhilasha’s case (Supra), the position
of law which emerges is as follows:-
(i) When a petition under Section 125 Cr.P.C. is filed for grant of
maintenance by a daughter before a Judicial Magistrate First
Class under the provisions of Cr.P.C., then she is entitled for
grant of maintenance only till the time she attains the age of
majority unless she is covered by the provisions of Section
125(1) (c) Cr.P.C. However, if the petition under Section 125
Cr.P.C. is filed before a Family Court established under the
Family Courts Act, 1984, an unmarried major daughter is
entitled for maintenance under Section 20(3) of the Hindu
Adoptions and Maintenance Act, 1956 which can also be filed
before the learned Family Court, then in the given facts and
circumstances of the case the learned Family Court is well
within its rights to consider the grant of maintenance to an
unmarried major daughter even if she is not suffering from any
mental or physical abnormality or injury. In other words when
jurisdiction to file a petition under Section 125 Cr.P.C. and a
petition/suit under Section 20(3) of the Hindu Adoptions and
Maintenance Act, 1956 vests with the Family Court established
under Family Courts Act, 1984, then grant of maintenance in
favour of an unmarried major daughter is permissible and
maintainable till the time she gets married or is unable to
maintain herself out of her own earnings or other property.
CRR(F)-1112-2022 (O&M) -27-
Analysis of the facts of the present case
33. Government of Punjab in the Department of Home A ffairs and
Justice (Judicial-1 Branch) vide notification dated 24.08.2018 in exercise of
powers conferred by Section 3 of the Family Courts Act, 1984 established
Family Court at Gurdaspur.
34. Having so held that the petitioners were entitled for being
considered for grant of maintenance even if they have attained the age of
majority being the daughters of the respondent, the claim of the present
petitioners for modification /enhancement of the maintenance can be considered
accordingly. The petitioners who are unmarried daughters of the respondent are
living with their mother from the year 2017 onwards and separately from the
respondent who is their father. The mother of the petitioners is earning
Rs.48,000/- per month as salary working as a School Teacher, whereas the
respondent who is the father of the petitioners is earning Rs.1,18,000/- per
month as salary. An amount of maintenance of Rs.10,000/- per month each has
been granted by the learned Judge, Family Court to both the petitioners. At the
time of filing of the petition before the learned Principal Judge, Family Court,
petitioner No.1 was pursuing a degree of B.Sc. at DAV University, Jalandhar
and after completion of the same, she also completed her B.Ed. and M.Sc. in
Chemistry and petitioner No.2 was studying in 11
th
Standard in Jiya Lal Mittal,
DAV Public School, Gurdaspur and is pursuing a Bachelor's degree in
Veterinary Sciences from Khalsa College, Amritsar. The cost of living, cost of
education, medical expenses and various other expenses are relevant factors for
the purpose of considering the quantum of maintenance to be granted to the
grown-up daughters by their father. The income of the father of the petitioners
is also a very important relevant factor. Considering the facts and circumstances
CRR(F)-1112-2022 (O&M) -28-
of the present case, this Court is of the considered view that the quantum of
maintenance fixed by the learned Judge, Family Court is not adequate.
35. Consequently, the present petition is allowed. The impugned order
dated 06.05.2022 vide which maintenance of Rs.10,000/- per month each to
both the petitioners has been granted by the learned Principal Judge, Family
Court, Gurdaspur is modified by enhancing the quantum of maintenance to
Rs.15,000/- per month each to both the petitioners from the date of filing of the
present petition. However, there shall be no order as to costs.
36. Before parting with this judgment, this Court records its
appreciation towards Mr. Preetinder Singh Ahluwalia, learned Amicus Curiae
for his valuable assistance.
(JASGURPREET SINGH PURI)
07.07.2025 JUDGE
rakesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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