CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

Code of Criminal Procedure, 1973 S. 125(1) – Hindu Adoptions and maintenance Act, 1956 S. 20 – Unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, merely on the ground that she does not have means for her sustenance –  At the same time, even though the unmarried daughter, who attained majority, is entitled for maintenance, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain herself, for which, pleadings and evidence in this regard are mandatory –  Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself, for enforcement of which right her application/suit has to be under S.20 of Act, 1956 –  No evidence let in to show that the respondent has any physical or mental abnormality, or she has any injury so that she could not maintain herself – Therefore, grant of maintenance to the Unmarried daughter, (who is now aged above 18 years) from the date of attaining majority, is found to be erroneous and stands set aside to the extent, limiting entitlement of maintenance till the date she attained majority. (2023-1)209 PLRIJ 005 (Ker.)