Kerala Ap.22 : In a recent ruling, the Kerala High Court has held that an unmarried adult daughter is not entitled to claim maintenance from her father. The court was hearing a case in which an unmarried woman had filed a petition seeking maintenance from her father, citing Section 125 of the Code of Criminal Procedure, 1973.
The petitioner argued that she was entitled to maintenance from her father, as she was not able to maintain herself due to her health issues. She further contended that she was unable to find suitable employment despite holding a degree, and that her father was financially capable of providing her with maintenance.
The father, on the other hand, argued that his daughter was not entitled to maintenance, as she was an adult and capable of supporting herself. He also argued that he had already spent a considerable amount of money on her education, and that she had not shown any inclination to earn a living.
After considering the arguments of both parties, the court held that an unmarried adult daughter is not entitled to claim maintenance from her father, unless she is able to establish that she is unable to maintain herself. The court observed that a daughter’s right to claim maintenance from her father is not an absolute right, and that it is subject to certain conditions.
The court further held that the petitioner had not established that she was unable to maintain herself. The court noted that she held a degree and was capable of finding employment. The court also observed that she had not made any serious attempts to find a job, and that she was relying solely on her father for support.
The court held that the petitioner was not entitled to claim maintenance from her father, and dismissed her petition. The court also observed that the father had no obligation to provide maintenance to his adult daughter, unless she was unable to maintain herself due to any physical or mental disability.
The judgment of the Kerala High Court is significant, as it clarifies the law relating to the right of an unmarried adult daughter to claim maintenance from her father. It highlights the fact that the right to claim maintenance is not an absolute right, and that it is subject to certain conditions.
the judgment of the Kerala High Court underscores the importance of self-sufficiency and independence for adults, including adult daughters. It also emphasizes the need for parents to encourage their children to become self-reliant, and to support them in their efforts to achieve financial independence.
