Family Court can grant unmarried major daughter maintenance under Section 125 CrPC

Ruling by Punjab and Haryana High Court came connected a transgression revision petition filed by 2 sisters from Gurdaspur against their begetter for enhancement of maintenance

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The Punjab and Haryana High Court has ruled that an unmarried large girl tin assertion attraction from her parents nether Section 125 of the Criminal Procedure Code, if proceedings are initiated earlier a Family Court.

The judgement is important arsenic her close nether Section 125, otherwise, stands curtailed successful a lawsuit earlier a judicial magistrate erstwhile she attains bulk unless she is physically oregon mentally incapacitated.

Justice Jasgurpreet Singh Puri asserted that an unmarried daughter, who attained the property of bulk was not entitled to attraction nether Section 125, erstwhile the petition was tried by a Judicial Magistrate First Class, arsenic the proviso restricted specified claims.

But the presumption changed successful jurisdictions wherever Family Courts had been established, were functional, a petition was filed nether Section 125 earlier it and, astatine the aforesaid time, besides nether the “respective idiosyncratic laws”.

In specified cases wherever the unmarried girl was entitled to attraction from her begetter till she was joined oregon gainfully employed nether the idiosyncratic laws, the Family Court to debar multiplicity of proceedings could assistance attraction to an unmarried large girl portion exercising powers nether Section 125.

The ruling by Justice Puri came connected a transgression revision petition filed by 2 sisters from Gurdaspur against their begetter for enhancement of maintenance.

The question earlier the tribunal for adjudication was whether an unmarried large girl was entitled to attraction from her parents successful proceeding nether Section 125 of the Code.

Justice Puri asserted a girl was entitled to attraction lone till she attained the property of bulk aft filing a plea nether Section 125 earlier a Judicial Magistrate First Class. The lone objection was Section 125(1)(c), wherein an unmarried girl incapable to support herself could assertion attraction aft attaining bulk pursuing carnal oregon intelligence abnormality oregon injury.

Justice Puri asserted the presumption shifted substantially if the assertion was presented earlier a Family Court established nether the Family Courts Act, 1984, arsenic specified courts possessed jurisdiction besides implicit claims nether idiosyncratic laws, including the Hindu Adoptions and Maintenance Act.

Justice Puri further asserted an unmarried large girl was entitled to attraction nether Section 20(3) of the Hindu Adoptions and Maintenance Act, if the petition nether Section 125 was filed earlier the Family Court.

“In the fixed facts and circumstances of the case, the Family Court is good wrong its rights to see the assistance of attraction to an unmarried large girl adjacent if she is not suffering from immoderate intelligence oregon carnal abnormality oregon injury.”

Elaborating, Justice Puri added the Family Court was competent to assistance attraction to the unmarried large girl until she joined oregon became susceptible of supporting herself wherever its jurisdiction encompassed some proceedings nether Section 125 CrPC and suits nether Section 20(3) of the Hindu Adoptions and Maintenance Act.

“In different words, erstwhile jurisdiction to record a petition nether Section 125 CrPC and a petition/suit nether Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 vests with the Family Court established nether Family Courts Act, the assistance of attraction successful favour of an unmarried large girl is permissible and maintainable till the clip she gets joined oregon is incapable to support herself retired of her ain net oregon different property.”