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Right to claim maintenance has been a widely debated topic over the years in the sphere of personal laws.The Madras High Court decided that an unmarried daughter can claim maintenance from her father by filing a petition under Section 125 of Code of Criminal Procedure. In the present case of R. Kiruba Kanmani vs L. Rajan, the Trial Court rejected the girl's application on the ground that is a major and that in terms of Section 125 (1) (b) and (c) of CrPC, and that she is not entitled for any maintenance and that she does not suffer from any physical or mental disablement.
However, section 125 of CrPC and Section 20(3) of the Hindu Adoption and Maintenance Act clarifies that a father is under an obligation to maintain his unmarried daughter even if she has attained majority. In another recently held judgement it was held that the unmarried daughter though the attained majority is entitled to claim maintenance from the father. The Court held that even though Section 125 restricts the payment of maintenance to the children till they attain majority, when it comes to the daughter, Courts have taken a consistent stand that even though the daughter has attained majority, she will be entitled for maintenance till she remains unmarried by virtue of Section 20(3) of the Hindu Adoption and Maintenance Act, 1956.
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