Supreme Court of India

Abhilasha v. Parkash & Ors.

Neutral citation
Reported as [2020] 11 S.C.R. 244
Bench Ashok Bhushan, R. Subhash Reddy and M. R. Shah JJ.
Decided 15 September 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above, though it cannot be said that the order impugned runs counter to the law laid down by the Hon’ble Supreme Court, the provisions of Section 125 CrPC a re applicable irrespective of the personal law and it does not make any distinction whether the daughter claiming maintenance is a Hindu or a Muslim.

Judgment, page 17

From the headnote

Code of Criminal Procedure, 1973: s.125 – Whether a Hindu unmarried daughter is entitled to claim maintenance from her f ather under s.125 Cr.P. . only till she attains majority or she can claim maintenance till she remains unmarried – Held: The Scheme under s.125(1) Cr.P. . contemplate that claim of maintena nce by an unmarried daughter, who has attained majority is admissi ble only when by reason of any physical or mental abnormality o r injury, she is unable to maintain herself – However, an unma rried Hindu daughter can claim maintenance from her father till she is m arried in terms of

Where later benches applied it

Of those, 1 mentioned

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