The Allahabad High Court has held that unmarried daughters, regardless of their religious affiliations, have the right to obtain maintenance from parents irrespective of their age under the Domestic Violence Act.
Dismissing a petition filed by one Naimullah Sheikh and another, Justice Jyotsna Sharma observed, “There remains no doubt that an unmarried daughter, whether Hindu or Muslim has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts must look for other laws applicable when the question pertains to the right to be maintained. However, where the issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under section 20 of the Domestic Violence Act itself.”
The present petition was filed under the Protection of Women from Domestic Violence (DV) Act, 2005 by the parents of three daughters challenging the order of granting maintenance to them.
Three daughters had filed a case claiming maintenance under the DV Act, alleging mistreatment by their father and stepmother. The trial court ordered interim maintenance, which was appealed by the respondents, arguing that the daughters were adults and financially independent. The appellate court had affirmed the trial court’s decision.
In the decision dated January 10, the court rejected the petitioner’s argument that the daughters, being majors, cannot claim maintenance. It emphasised that the DV Act aims to provide more effective protection to women.
{{/usCountry}}In the decision dated January 10, the court rejected the petitioner’s argument that the daughters, being majors, cannot claim maintenance. It emphasised that the DV Act aims to provide more effective protection to women.
{{/usCountry}}The court further added that the substantive right to receive maintenance may emanate from other laws, however quick and shorter procedure to obtain the same, has been provided in the DV Act, 2005.