In the case of Agnes Lily Irudaya v Irudaya Kani Arsan, Bombay High Court held that unmarried daughter is entitled to get maintenance from father, even though the daughter is not a minor. The facts of the case says that the mother claimed maintenance for their daughter from her husband, who has attained majority. This claim was made by the mother to meet the educational expenses of the daughter.
The family court initially dismissed the case stating that only a minor daughter can claim maintenance through mother, but not an adult daughter. It was objected on the point that the mother is not competent to file the case on behalf, as the daughter is an adult at the time of filing. The High Court on an appeal heard the case and granted an order of maintenance for the adult daughter who is still a student.
The maintenance laws in India specifically under Hindu Adoption and Maintenance law clarify regarding the maintenance for the children:
- When the son attains majority, he is not entitled to maintenance anymore, unless he is lunatic, or physically or mentally unfit to maintain himself.
- The daughter even if she attains majority, can claim maintenance till she gets married.
- The unmarried daughter can claim maintenance subject to the limitation that she is not able to maintain herself, either she is a student or does not earn enough, or physically or mentally unfit.
- If she gets married, the responsibility of the father or mother to maintain her ceases.
To know more about your maintenance rights, consult the divorce lawyers through MyAdvo, download MyAdvo App on your phone.
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