The Clash between Section 20 Hindu Adoptions & Maintenance Act, 1956 & Section 125 Code of Criminal Procedure, 1973 for Maintenance of Unmarried Daughters

Abstract

In 1978, when the age of marriage was raised to 21 for boys and 18 for girls, the rationale was to curb the population. This has been a long-standing agenda and has not gone away. However, there are other implications, which might arise if the age for marriage increases for girls. If the bar on the age rises, the number of years a father is entitled to maintain his daughter before her marriage would increase. While this could be a move in the interest or welfare of a girl child, this may also simultaneously throw the father in a state of intolerable mess or financial duress. Under Section 20(3) of the Hindu Marriage and Adoptions Act, 1956, the right given to a daughter is absolute and can be very well exercised by her against her father. The obligation arising out of this section can be cast on any Hindu man whose daughter is unmarried and is unable to maintain herself out of her earnings or other property. Though as per Section 125 Code of Civil Procedure, 1973, the claim for maintenance by a daughter, who has attained majority, is confined only to those cases wherein by reason of mental or physical abnormality or injury, she is unable to maintain herself. The different treatment supplied by the two sections can be controversial and has been in discussion recently (Abhilasha v. Prakash). Is there a clash that has to be resolved? Which statute will prevail over the other and more such pertinent clarifications concerning Section 20 Hindu Adoptions and Maintenance Act, 1956 and Section 125 Code of Criminal Procedure, 1973 are sought in this article through this article, I have attempted to locate what actually is the position of law for unmarried daughters in grants for maintenance.