Unmarried daughter entitled to maintenance: HC | mumbai | Hindustan Times
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Unmarried daughter entitled to maintenance: HC

An unmarried daughter is entitled to receive maintenance amount from either of her earning parents, so long as she is unable to maintain herself out of her own earnings or other property, ruled the Bombay high court last week.

mumbai Updated: Sep 04, 2011 02:33 IST
Kanchan Chaudhari

An unmarried daughter is entitled to receive maintenance amount from either of her earning parents, so long as she is unable to maintain herself out of her own earnings or other property, ruled the Bombay high court last week.

The division bench of justice AM Khanwilkar and justice RY Ganoo was hearing an appeal filed by a 53-year-old Pune-based businessman challenging a Mumbai family court order directing him to repay loan taken for pursuing commercial pilot training by his daughter, Shraddha, 24, who lived with her mother.

The couple, who got married in 1986, separated in 1999. The husband filed a divorce petition in September 2008. A year later, the wife filed a plea seeking maintenance.

The family court dismissed the divorce petition and directed the husband to pay Rs40,000 per month to his estranged wife towards maintenance, including accomodation charges, and also asked him to repay the loan taken by their daughter.

The man contested the direction to repay the loan on grounds that his daughter was not a minor and he had no liability towards maintaining her or providing for her education.

The court discarded the plea noting that relevant provisions of the Hindu Marriage Act, 1956, includes unmarried daughter in the definition of “dependents.”

The high court also took into consideration that Shraddha had no earning of her own and the income of her mother was too meagre to support her education.