Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.125 – Whether a Hindu unmarried daughter is entitled to claim maintenance from her father under s.125 Cr.P.C. only till she attains majority or she can claim maintenance till she remains unmarried – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.125 – Whether a Hinduunmarried daughter is entitled to claim maintenance from her fatherunder s.125 Cr.P.C. only till she attains majority or she can claimmaintenance till she remains unmarried – Held: The Scheme unders.125(1) Cr.P.C. contemplate that claim of maintenance by anunmarried daughter, who has attained majority is admissible onlywhen by reason of any physical or mental abnormality or injury,she is unable to maintain herself – However, an unmarried Hindudaughter can claim maintenance from her father till she is marriedin terms of s.20(3) of the Act, 1956, provided she pleads and provesthat she is unable to maintain herself, for enforcement of whichright her application/suit has to be under s.20 of Act, 1956 – HinduAdoptions and Maintenance Act, 1956 – s.20 – Code of CriminalProcedure, 1898 – s.488.Code of Criminal Procedure, 1973: s.125 – Nature, extentand scope of – Discussed.Code of Criminal Procedure, 1973: s.125 – Hindu Adoptionsand Maintenance Act, 1956 – Distinction between – Held: Thepurpose and object of s.125 is to provide immediate relief toapplicant in a summary proceedings, whereas right under s.20 readwith s.3(b) of Act, 1956 contains larger right, which needsdetermination by a Civil Court, hence for the larger claims asenshrined under s.20, the proceedings need to be initiated unders.20 of the Act and the legislature never contemplated to burden theMagistrate while exercising jurisdiction under s.125 Cr.P.C. todetermine the claims contemplated by Act, 1956.Family Courts Act, 1984: Jurisdiction of Family Court – FamilyCourts shall have the jurisdiction only with respect to city or townwhose population exceeds one million and where there is no FamilyCourts, proceedings under s.125 Cr.P.C. shall have to be beforethe Magistrate of the First Class – In an area where the FamilyCourt is not established, a suit or proceedings for maintenanceincluding the proceedings under s.20 of the Act, 1956 shall only bebefore the District Court or any subordinate Civil Court – Theremay be a case where the Family Court has jurisdiction to decide acase under s.125 Cr.P.C. as well as the suit under s.20 of Act, 1956,in such eventuality, Family Court can exercise jurisdiction underboth the Acts and in an appropriate case can grant maintenance tounmarried daughter even though she has become major enforcingher right under s.20 of Act, 1956 so as to avoid multiplicity ofproceedings – Hindu Adoptions and Maintenance Act, 1956 – s.20– Code of Criminal Procedure, 1973 – s.125. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 546 |
Petitioner | Abhilasha |
Respondent | Parkash & Ors. |
SCR | [2020] 11 S.C.R. 244 |
Judgement Date | 2020-09-15 |
Case Number | 615 |
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