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HIGH COURT SAYS UNMARRIED DAUGHTER HAS RIGHT OF MAINTENANCE FROM PARENTS

PRAYAGRAJ, Jan. 18, 2024 (TBINN)

Allahabad High Court has ruled that an unmarried daughter, irrespective of her religion or age, has the right to obtain maintenance from their parents under the Domestic Violence Act.

High Court made the observation while dismissing a petition filed by Naimullah Sheikh and another under the Protection of Women from Domestic Violence Act, 2005. The parents of three daughters had challenged a lower court’s order grating maintenance to them.

There remains no doubt that an unmarried daughter, whether Hindu or Muslim, has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts have to look for other laws applicable when the question pertains to the right to be maintained. However, where the issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under section 20 of the domestic violence act itself, Justice Jyotsna Sharma observed.

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