Even Major Unmarried Daughter Entitled to Father’s Maintenance: Gujarat High Court Upholds Maintenance for Daughter in Second Marriage

In a significant ruling, the Gujarat High Court has affirmed the decision of the Family Court, Ahmedabad, granting maintenance to an unmarried major daughter from her father, following a second marriage. The case, titled Khokhar Bhikhabhai S/O Jinabhai Chakubhai vs. Khokhar Sangeetaben Bhikhabhai & 3 others, revolved around the legality of maintenance awarded to the daughter from a second marriage.

The Court delved into the legal point concerning the maintenance rights of a daughter from her father, especially in the context of a second marriage. The key issue was whether an unmarried major daughter is entitled to maintenance from her father under Hindu law.

The petitioner, married to respondent No.1, had separated two months post-marriage. Following this, respondent No.1 filed a Criminal Misc. Application for maintenance for her children from a previous marriage. The Family Court awarded Rs.1500/- per month to the respondent No.3 (daughter) from the date of the application till realization. The petitioner challenged this decision, claiming a lack of income and questioning the legal status of his marriage.

Justice J.C. Doshi noted the legal marriage between the petitioner and respondent No.1, as evidenced by the marriage registration. The Court observed that the petitioner had acknowledged the responsibility of maintaining respondent No.3 in a compromise deed. Citing the judgment of Jagdish Jagtavat Vs. Manjulata and others and Section 20(3) of the Hindu Adoption and Maintenance Act, 1956, the Court affirmed that an unmarried major daughter is entitled to maintenance from her father.

The High Court dismissed the petition, upholding the maintenance order for respondent No.3. The Court found no error in the Family Court’s decision, thus ensuring the daughter’s right to maintenance from her father, regardless of her age and the nature of her parents’ marriage.

Date of Decision: February 15, 2024

Bhikhabhai vs. Khokhar Sangeetaben Bhikhabhai & 3 others