Allahabad High Court affirms unmarried daughters’ right to claim maintenance from parents

The Allahabad High Court recently ruled that unmarried daughters, regardless of their religion or age, have the right to seek maintenance from their parents under the Domestic Violence Act. This decision came as the court dismissed a petition filed by Naimullah Sheikh and another challenging a lower court’s order granting maintenance to their three daughters.

The court made a significant observation, highlighting that unmarried daughters, whether Hindu or Muslim, have the right to obtain maintenance, irrespective of their age. The court clarified that when determining the right to be maintained, courts should consider other applicable laws. Additionally, it emphasized that if the issue goes beyond mere maintenance, independent rights are available under Section 20 of the Domestic Violence Act.

The background of the case involves three daughters who filed a case claiming maintenance under the Act due to alleged mistreatment by their father and stepmother. The trial court had initially ordered interim maintenance, which the respondents challenged, arguing that the daughters were adults and financially independent.

In its decision dated January 10, the high court rejected the petitioners’ argument that adult daughters cannot claim maintenance. The court underscored the purpose of the Domestic Violence Act, emphasizing its aim to provide more effective protection to women. It further explained that while substantive rights to maintenance may stem from other laws, the 2005 Act offers a quicker and more straightforward procedure to obtain the same.

The petitioners had contended that their father, being old and infirm with no source of income, was already providing for the respondents. They also claimed that the application for maintenance under the DV Act was instigated by the daughters’ maternal uncle.

Despite these arguments, the court upheld the trial court’s decision, reinforcing the daughters’ right to maintenance under the Domestic Violence Act. The court’s ruling sends a clear message that the Act prioritizes the protection of women and ensures a swift mechanism for them to access their rights.

This legal development is noteworthy as it sets a precedent for cases involving unmarried daughters seeking maintenance, irrespective of their age or religious background. The court’s decision underscores the importance of upholding the rights of women and streamlining legal processes to facilitate timely access to justice.

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