Unmarried Christian Woman Cannot Claim Maintenance from Father : Kerala High Court

No provision for such claims under Christian Personal Law, says court

Thiruvananthapuram: The Kerala High Court has ruled that an unmarried Christian woman cannot seek maintenance from her father, citing the absence of such a provision under Christian Personal Law. The court clarified that while Muslim Personal Law and the Hindu Adoptions and Maintenance Act recognise the right of an unmarried daughter to claim maintenance from her father, Christian Personal Law contains no such provision. The ruling came after a 65-year-old Christian man challenged a Family Court order that had directed him to pay ₹20,000 per month to his estranged wife and ₹10,000 per month to his 27-year-old unmarried daughter as maintenance.

1. The petitioner argued that his daughter was an adult at the time of filing the petition and, therefore, not entitled to claim maintenance. He further contended that his wife had separated from him and was financially independent.

2. Granting partial relief to the petitioner, the Kerala High Court set aside the Family Court’s order directing the payment of ₹10,000 per month as maintenance to the daughter. The court observed that an adult daughter can claim maintenance from her father only if she is unable to support herself due to physical or mental incapacity.

3. During the hearing, the wife stated that she was residing in Mumbai to take care of her ailing daughter’s education and medical treatment. The High Court accepted this explanation as reasonable, observing that a mother’s parental responsibility outweighs her marital obligations.

4. The court made no changes to the order directing the husband to pay ₹20,000 per month as maintenance to his wife, along with an additional ₹30,000 towards the daughter’s educational expenses.