Unmarried Muslim Daughter Can Claim Maintenance ??
I am Lawyer and practicing in District Court, Bhopal. I have a query regarding one of my case. The facts of the case are as follows :
There is one mother and five daughters in a muslim family. Among which two daughters are minor and three daughters are major but unmarried. This whole family is neglected and deserted by the man who is husband to the mother and father to the daughters. Now the whole family is in a huge financial crisis and unable to maintain themselves. The man doesnt gives a single penny to his family for the house expenditure and education.
So, in this case the mother and minor daughters can easily demand for maintenance u/s 125 Cr.p.c. But can the unmarried major daughter can also demand for maintenance from her father in case if they are unable to maintain themselves.
Section 125 Cr.p.c. doesnt allows maintenance to major.
I also have a ruling, in which the unmarried daughters can claim maintenance but dont know it will be applicable or not.
Dr. Jagdish Jugtawat vs. Smt. Manjulata and others I (2001)DMC 605, 2001(1)WLN 499.
Subhash Roy Choudhary vs. State of Bihar and others 2003(3)BLJR 2310, 2004 CriLJ 573, II (2004) DMC 117