Age, Religion No Bar For Maintenance To Unmarried Daughters, Says Hc | Allahabad News – Times of India



Age, Religion No Bar For Maintenance To Unmarried Daughters, Says Hc | Allahabad News – Times of India

Prayagraj: The Allahabad High Court held that unmarried daughters, regardless of their religious affiliations or age, had right to obtain maintenance under the domestic violence Act. Dismissing a petition filed by Naimullah Sheikh and another, Justice Jyotsna Sharma observed, “There remains no doubt that unmarried daughter, whether Hindu or Muslim, has a right to obtain maintenance, irrespective of her age.This is made clear again that the courts have to look for other laws applicable when the question pertains to right to be maintained. However, where 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 parents of three daughters challenging the order of granting them maintenance.
Three sisters had filed a case claiming maintenance under the DV Act, alleging ill-treatment by their father and step-mother. The trial court ordered interim maintenance, which was challenged 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 Jan 10, the court rejected the petitioner’s argument that the daughters, being majors, could not claim maintenance. It emphasized that the DV Act aimed to provide more effective protection to women and added that the substantive right to receive maintenance may emanate from other laws, but quick and shorter procedure to obtain the same, had been provided in the DV Act, 2005.
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