Can 19 year old daughter demand maintenance from her father

549 votes

yes of course
father is liable to maintain his major unmarried daughter, that right cannot be enforced by the daughter in summary proceedings, like Section 488 of the Code. According to him, at best this constitutes a civil right and a daughter has to file a proper civil suit in a civil court to seek enforcement of her rights, if any, in this behalf. Civil remedy is not an alternate remedy but a right independent of Section 488 Cr. P. C. Cases are conceivable that a claimant may be entitled to more than the ceiling of maintenance provided under Section 488 Cr. P. C. Therefore, even if she is granted the maximum maintenance provided under Section 488 Cr. P.C., her right of civil remedy would survive. However, that right by itself will not disentitle her from seeking maintenance in summary proceedings, if she is otherwise found to be covered by Section 488 Cr. P. C. Two ancillary questions that arise for consideration, therefore, are: first, whether a major unmarried daughter is totally excluded from the purview of Section 488; and second, if not, in what circumstances she is entitled to claim maintenance under the provision of Section 488 Cr. P. C. from her father. In this behalf this Court is required to examine the import of Clause (c) of Sub-section (1) of Section 488 Cr.P.C.
1) creates an exception to the condition of being minor as envisaged in Clause (b). However, whereas Clause (b) includes all minor children, whether married or not, Clause (c) is not that wide in its texture. It indicates the situations and circumstances in which, if neglect or refusal to maintain on the part of father is proved, a major unmarried daughter can claim such maintenance in the summary proceedings. Therefore, a major unmarried daughter is not totally excluded from the purview of Section 488. The phrase "any physical or mental abnormality or injury", however, assumes importance.

Advocate Nilesh Y Thengre LawRato

613 votes

It is possible to claim maintenance as it is the duty of the husband to maintain his wife and child. In your case husband stays in Hongkong and has stopped maintaining the family. You may please contact me for legal course of action.

LawRato LawRato

803 votes

In this case it is not clear whether father is paying separately to mother and daughter. And as it is daughter is major now and more than 18 it seems to be a problem in claiming maintenance from father.

Advocate Sachin Ghalsasi Prakash LawRato