Important decision of Allahabad High Court, unmarried daughter is also entitled to get maintenance allowance, High Court rejected father’s petition

Allahabad High Court has given an important decision in favor of unmarried daughters, saying that under the Domestic Violence Act, an unmarried daughter is also entitled to get maintenance allowance. Irrespective of any religion, age or employment. This decision has been given by the court of Justice Jyotsna Sharma while rejecting the petition filed by a father challenging the decision of the lower court of Deoria to give maintenance allowance to three daughters born from the first wife.

The petitioner got married for the second time in the year 2015 after the death of his first wife. The petitioner’s three daughters, born from his first wife, approached the court of Judicial Magistrate, Deoria, seeking interim maintenance from their father under the Protection of Women from Domestic Violence Act, 2005, alleging that after the death of the mother, the father, step-mother Beats all of them including their mother. They have also stopped their studies. While giving the verdict in favor of the daughters in the judicial magistrate’s court, the father was directed to provide maintenance of three thousand rupees per month to the three daughters.

The father had challenged the magistrate’s order in the High Court

The petitioner father challenged the order of the Judicial Magistrate in the court of the District Judge. But, the district judge rejected the father’s appeal. The father approached the High Court against this. The petitioner father argued that his daughters are adults and healthy. She also earns money by giving tuitions. The daughters are living with him and he is bearing all their expenses. The petitioner also cited his age, financial constraints and Muslim law and demanded the cancellation of the decision given by the lower court.

The court completely rejected the arguments of the petitioner father and said that the present case is related to family violence. Therefore, an unmarried daughter, irrespective of religion, age and community, is protected under the Domestic Violence Act. The court, while giving its approval to the decision of the lower court, rejected the petition of the petitioner father.