Home | Legal Advice | Criminal Law | Minor daughter can claim maintenance under section 125 crpc

Minor daughter can claim maintenance under section 125 crpc

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.

Lawyer’s advice

Adjustment in amount of maintenance under Section 125 crpc

I want adjustment in amount of maintenance under Section 125 crpc. My wife has filed a case in Section 125 crpc for maintenance. I have been ordered to pay maintenance. Hence I have been paying the maintenance to my wife since 2009 till 2020. Now, the problem is that...

Embezzlement of paid electricity bills

Complaints regarding embezzlement of paid electricity bills were made by consumers in the division office of the electricity board against lower class employees. Statements of consumers were recorded in the division office. After that an FIR was lodged against the...

Maintenance in case of divorce after one year of marriage

Question: I want to know whether maintenance in case of divorce after one year of marriage is possible. I got married on 20 Nov 2019. Now we want to get separated by mutual consent. My wife is a B. Tech. & MBA but did not make any serious attempt to get a job. At...

Contradiction in dying declaration : chances of conviction

Question: My brother is accused in a murder case. He is innocent but the police have falsely implicated him in this case. The dying declaration of the deceased does not support his role in the murder of Ramnaresh Kushwaha. There is a contradiction in the dying...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.