'Unmarried daughter is entitled to maintenance" : Allahabad HC

'Unmarried daughter is entitled to maintenance" : Allahabad HC

Allahabad High Court has given an important decision in favor of unmarried daughters. The court said that under the Domestic Violence Act, an unmarried daughter is also entitled to receive a maintenance allowance. Irrespective of any religion, age, or employment,.

Justice Jyotsna Sharma has given this order while rejecting the petition filed by a father challenging the decision of the lower court of Deoria to give maintenance allowance to three daughters born to the first wife.

The petitioner got married for the second time in 2015, after the death of his first wife. The petitioner's three daughters, born to his first wife, sought interim maintenance from their father under the Protection of Women from Domestic Violence Act 2005 in the court of the Judicial Magistrate of Deoria, alleging that after the death of the mother, the father beat all of them.

His studies were also stopped. The judicial magistrate's court, while ruling in favor of the daughters, directed the father to pay maintenance of Rs 3,000 per month to the three daughters.

The petitioner's father challenged the order of the judicial magistrate in the court of the district judge, but he rejected the father's appeal. The father filed a petition against this in the High Court.

The petitioner's father argued that his daughters are adults and healthy. She also earns income by teaching. Since his daughters are living with him, he is bearing all their expenses.

The petitioner had also cited his financial constraints and Muslim law and demanded the cancellation of the decision given by the lower court.

The court completely rejected the arguments of the petitioner's father and said that the present case is related to family violence. Therefore, an unmarried daughter, irrespective of religion, age, and community, is protected under the Domestic Violence Act.

Expressing concern, the Court said that this Act has been brought with the aim of providing quick and effective justice to such women who have been victims of any kind of physical, mental, sexual, or economic exploitation in domestic relations. Although protection can be sought through criminal and civil law, procedural delays defeat such an objective.

 

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