- विज्ञापन -
The Punjab-Haryana High Court, while giving an important decision, made it clear that an unmarried adult daughter can demand maintenance from her parents. To do this, she will have to file a petition in the Family Court.
A single bench of Justice Jasgurpreet Singh Puri clarified that if such a petition is filed before a Judicial Magistrate First Class, then the daughter can get maintenance only till the age of 18 years, unless she is mentally or physically disabled.
When the same petition is filed in the Family Court, the position of law changes there. The Family Court has the right to order maintenance to an unmarried adult daughter until she gets married or can maintain herself from her income or property. This decision was given on the revision petition filed by two sisters from Gurdaspur demanding maintenance against their father.
The petition raised the question whether an adult daughter can demand alimony from her parents under Section 125. If a petition under Section 125 is filed in the Family Court along with a claim under Section 20(3) of the Hindu Adoption and Maintenance Act, then the court has the power to accept the demand for maintenance.
High Court also said that the purpose of setting up a family court is to resolve all the related disputes at a single platform, so that there is no need to file petitions repeatedly in different courts.
