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Wednesday, April 17 2024
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Allahabad HC allows maintenance for daughters under Domestic Violence Act

Allahabad HC
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Prayagraj: The Allahabad High Court has held that unmarried daughters, regardless of age, have the right to get maintenance from their parents under the Domestic Violence Act.

Dismissing a petition filed by one Naimullah Sheikh and his wife, Justice Jyotsna Sharma said: “There remains no doubt that an unmarried daughter, whether Hindu or Muslim, has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts have to look for other laws applicable when the question pertains to the right to be maintained. However, where the issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under Section 20 of the Domestic Violence Act itself.”

The petitioners had challenged a trial court order directing them to pay maintenance to their three daughters.

The three sisters had filed a case claiming maintenance under the Domestic Violence Act, alleging ill-treatment by their father and stepmother.

In their appeal, the parents argued that the daughters were adults and financially independent.

However, in its order, the High Court rejected the argument that the daughters, being majors, could not claim maintenance. It emphasized that the Domestic Violence Act aimed to provide more effective protection to women.

Substantive right to receive maintenance may emanate from other laws, but quick and shorter procedures to obtain the same had been provided in the Domestic Violence Act, 2005, the judge said.

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