Maintenance — Dependents unmarried daughter — Hindu Adoptions and Maintenance Act, 1956 sections 20(3) and 21.

The appellant — husband and respondent — wife got married as per Hindu Vedic rites. Out of the said wedlock daughter Shraddha and son Siddhesh were born. The parties, however, started staying separately due to their differences. The appellant, therefore, filed petition u/s.9 of the Hindu Marriage Act for decree of restitution of conjugal rights. The respondent on the other hand filed petition seeking maintenance for herself and her daughter and other consequential reliefs. The Family Court had found as of fact that daughter Shraddha who was staying with the respondent was pursuing Pilot Training Programme. For that, she had obtained loan of substantial amount to pay fees. The respondent-wife was not in a position to take the burden of the said education expenditure of Shraddha, nor was she in a position to pay the loan instalments. The respondent was being helped by her mother and brother financially. The Family Court found that on the other hand the appellant-husband was well placed in life. His income was substantial. He was engaged in business of restaurant/dhaba. The Family Court held that the husband shall pay maintenance to the wife at the rate of Rs.40,000 per month including accommodation charges payable from the date of this order and shall repay the loan amount of the daughter. The appellant had challenged the direction issued by the Family Court.

The moot question arose whether the wife can seek relief of maintenance for and on behalf of her major daughter/son. The Court observed that the petition was filed by the respondent-wife before the Family Court was one u/s.18 r.w.s. 20 of The Hindu Adoptions and Maintenance Act, 1956. Section 18 governs the scheme for providing maintenance to the wife. Section 20, on the other hand, deals with the regime of providing maintenance of children and aged parents.

In the present case, it is not in dispute that daughter Shraddha is residing with her mother. She is admittedly unmarried. Her mother does not own income or other property except the income by way of meager salary earned by her. She is thus not in a position to take the burden of education expenditure of her daughter Shraddha, which is quite substantial for undergoing the professional course. The Court observed that under Clause (v) of section 21 of the Act the term ‘Dependants’ encompasses unmarried daughter as Dependant. Therefore, there can be no doubt that the unmarried daughter was entitled to receive maintenance amount from her father or mother, as the case may be, so long as she is unable to maintain herself out of her own earnings or other property. Admittedly, Shraddha has no earning of her own and is pursuing her further education, as the income of the respondent-wife from her salary is very meager. For that reason, Shraddha would be entitled to maintenance amount and her education expenses from her father (appellant). Rather the father would be obliged to pay the amount towards maintenance of her daughter and for education expenditure, in law the mother is competent to pursue relief of maintenance for the daughters even if they have become major, if the said daughters were staying with her and she was taking responsibility of their maintenance and education.

The appellant would, therefore, be liable to repay the loan amount obtained by daughter Shraddha for pursuing her Pilot Training Programme forthwith.