Question

In which case, the Supeme Court held that an unmarried Hindu daughter can claim maintenance from her father until she is unable to maintain herself, by an application under Hindu Adoption and Maintenance Act, 1956?

• A. Abhilasha v. Prakash and Ors. (2020)
• B. Manish Jain v. Akanksha Jain (2017)
• C. Rajnesh v. Neha and Ors. (2020)
• D. Ashnoor Singh v. Harpal Kaur (2020)

Hint:

The Abhilasha v. Prakash case is a key judgment that affirmed an unmarried Hindu daughter's right to maintenance from her father under HAMA, extending beyond the age of majority until her marriage.

Answer 1

The Correct Option is A

This question refers to a significant clarification on the maintenance rights of daughters.
In the case of Abhilasha v.
Prakash and Ors.
(2020), the Supreme Court addressed the question of whether an unmarried daughter could claim maintenance from her father after attaining majority.
The court held that while a daughter cannot claim maintenance under Section 125 of the Code of Criminal Procedure after becoming a major, she can still claim it under personal law.
The court clarified that under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 (HAMA), a Hindu father has an obligation to maintain his unmarried daughter, even after she attains majority, as long as she is unable to maintain herself out of her own earnings or property.
This right continues until she gets married.