The Kerala High Court has ruled that a Christian unmarried daughter cannot claim maintenance from her father, citing the absence of such a provision in Christian personal laws — unlike the Hindu Adoption and Maintenance Act (HAMA) and Muslim personal laws.
The verdict was delivered by Justice Dr Kauser Edappagath while hearing a plea filed by a 65-year-old Christian man who had challenged a family court order directing him to pay ₹20,000 per month to his wife and ₹10,000 to his 27-year-old unmarried daughter.
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The petitioner contended that his daughter was a major when the petition was filed and thus not legally entitled to maintenance. He also argued that his wife had “deserted him” and was capable of supporting herself financially.
In its judgment, the High Court partially allowed the revision petition, setting aside the lower court’s direction for maintenance to the daughter. The court observed that under Section 144(1)(c) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a major daughter can claim maintenance only if she is unable to maintain herself due to a physical or mental condition.
The bench further noted the contrast between various personal laws:
“Section 20(3) of the HAMA casts civil liability on the father to maintain his unmarried daughter. The Muslim Personal Law also obliges the father to maintain his unmarried daughter. But there is no corresponding personal law applicable to Christians that enables a Christian unmarried daughter to claim maintenance from her father.”
However, the court rejected the petitioner’s plea to exempt him from maintaining his wife, stating that she was living separately in Mumbai for valid reasons — to support their ailing son’s education and medical needs.
Emphasizing that a mother’s parental obligation is broader than her marital obligation, the High Court upheld the family court’s order directing the husband to pay ₹20,000 monthly maintenance and a one-time educational expense of ₹30,000 to his wife.
The ruling, delivered on October 29, clarifies the legal position regarding maintenance rights under Christian personal law and underscores the limitations compared to provisions available under other religious laws in India.
(This story is published from a syndicated feed)
