Allahabad High Court grants maintenance to unmarried daughters, regardless of religion or age
Allahabad High Court grants maintenance to unmarried daughters, regardless of religion or age
In a landmark ruling, the Allahabad High Court has affirmed the right of unmarried daughters to receive maintenance under the Protection of Women from Domestic Violence Act, 2005. The judgment, delivered by Justice Jyotsna Sharma, emphasizes that an unmarried daughter, irrespective of her religious background or age, qualifies as an aggrieved person under the Act’s provisions.
Key Ruling Highlights:
The court categorically rejected a plea challenging the maintenance rights of unmarried daughters, stating that there is no doubt about their entitlement to maintenance. This entitlement extends to daughters of any religion, be it Hindu or Muslim, under Section 2(a) of the Domestic Violence Act.
Unmarried daughters seeking maintenance are encouraged to explore remedies available under alternative legal provisions. The court underscored that the right to maintenance is independent of religious considerations or age, providing a broad scope for daughters to claim what is rightfully theirs.
The judgment clarified that when the matter concerns maintenance alone, individuals can seek remedies under other applicable laws. However, if the issue goes beyond maintenance, the aggrieved party retains independent rights under Section 20 of the Domestic Violence Act.
Background of the Case:
The ruling stemmed from a petition filed by parents challenging an order granting maintenance to their three unmarried daughters under the Protection of Women from Domestic Violence Act, 2005. The daughters had alleged mistreatment by their father and stepmother, leading to the trial court ordering interim maintenance. The respondents contested the decision, arguing that the daughters, being adults and financially independent, were not eligible for maintenance. The appellate court upheld the trial court’s decision.
The Allahabad High Court, in its judgment, emphasized that the Domestic Violence Act aims to provide more effective protection to women. While acknowledging that substantive rights to maintenance may exist under other laws, the court highlighted the expeditious and efficient procedure provided by the DV Act, 2005.
