The Allahabad High Court has recently determined that regardless of religion or age, an unmarried daughter possesses the right to claim maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act).

Justice Jyotsna Sharma conducted a thorough examination of the provisions of the Domestic Violence Act (DV Act) and reached the conclusion that any woman who has experienced violence within a domestic relationship is eligible for relief under the enactment, irrespective of whether she is a minor or an adult. Citing relevant judgments of the Supreme Court, Justice Sharma affirmed this stance.

Case Brief:

In the said matter, a petition was presented challenging a judicial magistrate's directive that required a Muslim man to provide interim maintenance of ₹3,000 to each of his three daughters.

The daughters informed the magistrate that their mother passed away in 2015, and their father remarried while their deceased mother was still alive. They claimed that their father and stepmother were currently subjecting them to mistreatment, including instances of physical assault.

In contesting the decision of the lower court, the father asserted that the magistrate overlooked his advanced age and infirmity, coupled with his lack of a reliable source of income. Additionally, it was argued that since the daughters are of legal age, they are ineligible to claim maintenance.

Justice Sharma carefully examined the preamble of the Domestic Violence (DV) Act and observed that the legislation, enacted in 2005, aims to offer "more effective protection to women." The inclusion of the word 'more' preceding the phrase 'effective protection of rights of woman' was highlighted by the single-judge, emphasizing its substantive significance.

The court further reasoned that although the substantive right to receive maintenance may arise from other legal provisions, the Domestic Violence Act (DV Act) offers a more expeditious and streamlined procedure for obtaining such relief.

The court observed that the entitlements of an aggrieved person under the Domestic Violence (DV) Act are rooted in the experience of being subjected to various forms of violence, encompassing physical, mental, sexual, verbal, and emotional abuse. The court emphasized that such violence could extend to economic abuse as well.

After reviewing Section 20(1) of the Act, which addresses the expenses or losses incurred by an aggrieved person as a result of domestic violence, the court stated that...