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Minor daughter can claim maintenance under section 125 crpc

Shivendra Pratap Singh


High Court Lucknow

Criminal Law | Maintenance

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Advised on 2 May, 2021

I am fifteen years old and living with my married sister. A minor daughter can claim maintenance against her father if he does not provide fooding, lodging and education fee etc. My father contracted second marriage after my mother’s death. He has a son out of that wife. My stepmother is very abusive and using bad words against me. Due to bad behaviour of my parents I have been living with my sister. She is married and living in Chandigarh. My father does not paying my school fee and other genuine expenses. I am in very trouble please help.

Question from: Chandigarh

A minor daughter can claim maintenance from her father under section 125 of the Code of Criminal Procedure. Father cannot refuse to maintain his minor daughter if he has sufficient means. If father is economically sound then he cannot refuse or neglect to maintain his minor daughter.

Your stepmother is very abusive and ill treating you. This is a sufficient reason to live with your sister. Section 125 CrPC allows the applicant to seek maintenance while she is living apart. Hence, you can claim alimony from your father even living separately.

Minor daughter can claim maintenance

Section 125 provides that Magistrate can pass an order for maintenance “If any person having sufficient means neglects or refuses to maintain his legitimate or illegitimate minor child, whether married or not, unable to maintain itself.” Minor child means a child who has not attained the age of majority. According to the Indian Majority Act, 1875, age of majority is eighteen years.

Therefore, you can file an application under section 125 crpc. You have sufficient reason to live apart from your parents because they are ill treating you. In this situation your parents cannot compel you to live with him. He will pay the maintenance however, you have been living with your married sister.

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Minor daughter can claim maintenance under section 125 crpc

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

I offer legal advice and representation in various fields of law, such as Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue and SARFAESI related cases. I have experience in handling complex and challenging cases with diligence and professionalism.

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