DUTY OF FATHER TO MAINTAIN DAUGHTERS EVEN IF THEY ARE EARNING - DELHI HC

The Delhi High Court held that a father has a duty to maintain his daughters even if they have reached the majority and are employed and earning income. A Division Bench of Justices Vipin Sanghi and Jasmeet Singh stated that there is a difference between earning an income and the ability to maintain themselves. A person could make money but still be unable to maintain herself. 

The Court was dealing with an appeal filed by the mother of 3 children contending that for the last 11 years, she had been raising the three children on her own without any financial help from the father. The appeal was against an order of the Family Court, which directed the father to pay maintenance for the minor son of the couple but refused to give any direction concerning the maintenance of two daughters who were above 18 years.

The counsel appearing for the father argued that the Hindu Adoption and Maintenance Act, 1956, states that the maintenance is limited to the unemployed and dependent daughters. No law obligates the father to pay maintenance of the daughters and wife once they earn. To which, the Court responded that even if an unmarried daughter is employed, it cannot be believed that she has the resources to meet her matrimonial expenses.

However, it noted that neither of the parties has been honest about their true income in the present case.

The Court directed the father to pay an amount of ₹35 lakh towards the elder daughter who is employed and living in the UK. The bench further directed the father to pay ₹50 lakh to the younger daughter, since she is not earning any income. The judges then proceeded to dismiss the appeals. 

Author: Papiha Ghoshal