fbpx
Home | Advice | Latest Advice Online | Minor daughter can claim maintenance under section 125 crpc

Minor daughter can claim maintenance under section 125 crpc

By Shivendra Pratap Singh

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.

Other useful advice

Criminal case for kissing a girl

Father of a girl has filed a criminal case against me for kissing her. Now the complainant wants to compromise with an apology. Ninety days have completed but the investing officer did file a charge sheet. How much time does the investigating officer take to close...

Can bank terminate my service on leave without permission

Can Bank terminate my service on leave without permission. I am posted as clerk in Dena Bank (now bank of Baroda). I was absent from 15th of December to 16 April and again from 13 may to 22 oct in the year 2020. However, I had submitted medical certificate from Dec to...

How to get stay order against section 125 CrPC

The maintenance order passed under section 125 of the code of criminal procedure is tentative in nature. The court may stay the maintenance order passed under section 125 crpc if wife already getting alimony under section 24 HMA.

Kanoonirai established in 2014, provides legal assistence through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54