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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.?
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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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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In a DV (Domestic Violence) case, the order of maintenance for children is usually granted only till they are minors (i.e., until the age of 18 years). After attaining majority, daughters are not entitled to maintenance under the DV Act or Section 125 CrPC unless they are (a) unmarried and unable to maintain themselves due to physical/mental incapacity, or (b) in some cases, still pursuing education and shown to be dependent.
In your friend’s case:
The elder daughter is 28 years old with an M. Pharma degree, and the younger is 23 years old with a B. Tech. Both are majors and professionally qualified, so ordinarily, they cannot claim maintenance from the father anymore.
The father being retired further strengthens his case if he seeks modification/cancellation of maintenance.
Your friend (the mother) cannot continue to represent the daughters in court for maintenance once they are majors. After attaining majority, if they had any right to claim support (say, during education), they would need to appear and file separately in their own capacity.
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Dr Ajay Kumar Pandey
Dr Ajay Kumar Pandey
Delhi | 100+ Answers
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Yes the order can be altered on the request of the petitioner. The petitioner can request the court that when the order can the daughters were minor and now they are major they are able to maintain their selves however the daughters are still entitled to be maintained but the amount can be reduced and order can be altered by the court
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Adv. Karishma
Adv. Karishma
Delhi | 50+ Answers
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yes, your daughters can claim their maintenance but not in domestic violence . there are different remidies in law beyond DV act. You should avail the same. If you want to know about the legal remidies, you can call me or meeting in my chamber.
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Adv. Mohini
Adv. Mohini
Delhi | 50+ Answers
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