A, a married major daughter is unable to maintain herself due to her mental abnormality. Is she entitled to be maintained by her father who has sufficient means to maintain? Give reasons in support of your answer. 

Question: A, a married major daughter is unable to maintain herself due to her mental abnormality. Is she entitled to be maintained by her father who has sufficient means to maintain? Give reasons in support of your answer.

Find the answer to the mains question only on Legal Bites. [A, a married major daughter is unable to maintain herself due to her mental abnormality. Is she entitled to be maintained by her father who has sufficient means to maintain? Give reasons in support of your answer.]

Answer

Maintenance general meaning is keeping something in good condition. Maintenance in legal meaning is money (alimony) that someone must pay regularly to a former wife, husband, or partner, especially when they have had children together. It is the duty of every person to maintain his wife, children, and aged parents, who are not able to live on their own.

Section 125 of CrPC deals with the order of maintenance of wives, children, and parents.

According to Section 125(1)(c) of CrPC, a major daughter is entitled to be maintained by his father, if such daughter is unable to maintain herself because of her mental abnormality. But this general rule is subject to an exception laid down in Section 125(1)(c) itself. According to this exception, a major married daughter is not entitled to get maintenance.

Thus, in the present case, A is not entitled to get maintenance from her father as she is married as well as major. Here it is immaterial that she is unable to maintain herself due to mental abnormality. It is also immaterial for the purpose of maintenance that her father has sufficient means to maintain her.

Hence, a married daughter is not entitled to maintenance under Section 125 if she has attained majority. In such cases, the responsibility of maintaining her is that of the husband and not of the father. A can get maintenance from her husband under Section 125(1)(a) if such husband neglects or refuses to maintain her and has sufficient means to maintain her.

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