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Is major children’s get maintenance under DV act ?
07-Sep-2025 (In Divorce Law)
Hi,
My friend won DV case in 2012. Court granted rs 20000 per month for her two minor daughters ( 10000 for each daughter). Now, daughters became major elder one is 28 years old with M. Pharma degree and younger one is 23 years old and did B. Tech . Are they still eligible to get maintenance under DV act from their retired father ? Can still my friend appear in court on behalf of major daughter.?
Hi there, yes the daughter can claim maintenance till she's unmarried.
However, you must keep in mind that her being educated and fully capable of earning herself and father being retired is going to be a hindrance but it can be tackled.
Yes if she has a POA she can appear for daughter with leave of court.
It's advisable to contact me and provide more details with regard to the judgement and exact arrangement of maintenance going on, to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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Under the Protection of Women from Domestic Violence Act, 2005, once daughters become majors, the general rule is that they are not entitled to maintenance if they are educated and capable of earning. However, if they are able to prove before the court that despite their qualifications they are actually unable to maintain themselves, the court may still consider their claim for maintenance. Since both daughters are majors, they would need to appear and pursue the matter themselves. Your friend cannot continue to represent them once they have attained majority.
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Under DV Act, maintenance for the daughters stops once they attain majority (unless disabled).
Your friend (the mother) cannot represent them anymore; if the daughters want maintenance (which seems unlikely to succeed given their age & qualifications), they must file independently under Section 125 CrPC, showing they are unable to maintain themselves.
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Adv. Paras Mahalwal
Adv. Paras Mahalwal
Delhi | 50+ Answers
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Since the daughters are now majors (28 and 23 years), they are no longer entitled to maintenance under the DV Act, unless they are unable to maintain themselves due to physical/mental incapacity. Maintenance under DV Act is primarily for wife and minor children. Once children attain majority, the liability of the father under DV order generally ceases. The mother cannot continue to represent them in court as they are majors; they must appear or authorize separately. However, if they can show special circumstances (such as being dependent due to disability), they may seek relief under other provisions like Section 125(1)(c) CrPC or under personal laws.
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
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You said that the minor children were getting 20000 per month towards maintenance but when they became major , they are not entitled for maintenance from retired father No when children are mahor they are not entitle for maintenance
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Adv. Prithvi Raj Sikka
Adv. Prithvi Raj Sikka
Delhi | 25+ Answers
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