The Karnataka High Court has unequivocally clarified that under the Protection of Women from Domestic Violence Act, 2005, a father is indeed obliged to provide maintenance for his daughters. However, this obligation is strictly limited to the period until they attain the age of majority and does not extend to continue until their marriage.
Justice Rajendra Badamikar emphasized that if adult daughters face financial difficulties, they can seek support under the Hindu Adoption Act.
The case involved a couple who married in 1998 and had two daughters. The wife invoked Section 12 of the Domestic Violence Act, seeking protection, separate residence, financial aid, and compensation totaling Rs. 10,00,000.
Initially, the trial court granted some relief, ordering the husband to cease domestic violence and provide Rs. 5,000 monthly maintenance per daughter until marriage, with Rs. 5,00,000 in compensation.
The husband appealed to the Session court, which reduced the maintenance to Rs. 4,000 and compensation to Rs. 1,00,000.
The wife's legal counsel argued against the reduction, asserting the husband's inherent responsibility for minor children.
The husband, both a government teacher like his wife, argued that their shared responsibility extended beyond the age of 18, citing the Act's definition of a child.
The court noted the daughters were now adults and clarified that maintenance under the Act ceased at majority. As both parents were teachers, they shared financial responsibility, justifying the maintenance reduction to Rs. 4,000.
Regarding compensation, the court considered evidence of domestic violence and the absence of minor child maintenance provisions. Compensation aimed to alleviate distress, making the reduction to Rs. 1,00,000 reasonable.
"In the Matter of XYZ v. ABC"
Website designed, developed and maintained by webexy