Allahabad HC: Unmarried Daughters Have Right to Parental Maintenance


Allahabad HC: Unmarried Daughters Have Right to Parental Maintenance

Right to receive maintenance under the Protection of Women from Domestic Violence Act...

 
Allahabad High Court

The Allahabad High Court has ruled that unmarried daughters, regardless of their religion or age, have the right to receive maintenance under the Protection of Women from Domestic Violence Act, 2005. This applies if they meet the definition of an aggrieved person as outlined in Section 2(a) of the Act. 

Justice Jyotsna Sharma, while rejecting a petition from Naimullah Sheikh and another, stated that there is no doubt that unmarried daughters, whether Hindu or Muslim, have the right to claim maintenance regardless of their age. 

The current case involves parents of three daughters filing a petition under the Protection of Women from Domestic Violence (DV) Act, 2005. They are challenging the decision to grant maintenance to their daughters. 

Three daughters filed a case seeking maintenance under the DV Act, alleging mistreatment by their father and stepmother. The trial court granted interim maintenance. The respondents, arguing the daughters' independence as adults, appealed. The appellate court upheld the trial court's decision.

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