Filing case against father to bear maintenence charges of daughter

747 votes

Yes. If the parties are Hindus, the daughter’s maintenance can be claimed from the father. Since she is presently a minor, the mother can seek maintenance on her behalf under Section 144 BNSS, depending on the facts and the father’s means. The fact that both parents are government servants does not by itself prevent a claim; the court will consider both parents’ income, expenses and the child’s actual needs. For college fees/education expenses, Section 20 of the Hindu Adoptions and Maintenance Act, 1956 is particularly relevant. An unmarried daughter who is unable to maintain herself can have a continuing claim for maintenance, including education expenses, even after attaining majority, subject to the statutory requirements. Therefore, it is advisable to file before she turns 18 and specifically plead her educational expenses, existing standard of living, both parents’ salaries and the father’s capacity to contribute.

Advocate Elango D LawRato

647 votes

Dear client.... A Hindu father is statutorily obligated to maintain an unmarried daughter who is unable to maintain herself, even after she attains the age of majority (18 years), until her marriage. While the mother can file on her daughter's behalf while she is a minor, once the daughter turns 18, the petition should ideally be filed directly in the daughter’s name (or she can be joined as a co-petitioner) in the Family Court. Need furthermore clarification or doubts please call me thank you...

Advocate Iyappan. E LawRato

765 votes

Yes, you may have a claim, depending on the applicable personal law and circumstances. Since your daughter is presently a minor, the father can be legally liable towards her maintenance and educational expenses. After she attains majority, an unmarried daughter who is unable to maintain herself may continue to claim maintenance from her father under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, subject to the facts of the case. The fact that both you and your husband are government servants does not automatically disentitle you or your daughter from claiming maintenance. However, the Court will consider your respective incomes, financial capacity, the child's needs, educational expenses and other circumstances before determining the amount. If you are seeking maintenance for yourself, your entitlement will depend on the applicable law and facts, including your income, your husband's income and the circumstances of your separate residence. College fees and reasonable educational expenses of an unmarried daughter can also be sought where the statutory requirements are satisfied. Therefore, you can approach the appropriate Court with the relevant salary details, educational-fee receipts and other expense documents to assess and claim the appropriate relief.

Advocate Hemalatha Narayanan LawRato

561 votes

Yes, you can file a maintenance claim for your daughter's expenses and college fees, even though she is close to turning 18. Under Section 125 CrPC (now Section 144 BNSS), a father is bound to maintain his unmarried daughter until she is able to maintain herself, and courts have consistently held that this extends beyond 18 if she is pursuing higher education and financially dependent. You can also proceed under Section 20 of the Hindu Adoption and Maintenance Act, 1956, which similarly obligates a father to maintain an unmarried daughter unable to support herself, including reasonable educational expenses. Since you are both government servants with fixed salaries, the court will typically apportion the daughter's expenses (education, living costs) based on both parents' income, not assume the custodial parent bears it alone. You may file the petition before the Family Court having jurisdiction where you or your daughter reside.

Advocate Mohanraj LawRato