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VIJAYA MANOHAR ARBAT V. KASHI RAO RAJARAM SAWAI

Vijaya Manohar Arbat vs Kashi Rao Rajaram AIR 1987 SC 1100

ISSUE:

  • Whether parents can claim maintenance from daughter?

RULE:

  • That section 125(1)(d) has imposed liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself or herself.

FACTS:

  • The appellant Mrs.Vijaya Arbat is a medical practitioner and daughter of respondent No.1.
  • Respondent No. 1 filed an application before the Judicial Magistrate, First Court, claiming maintenance from the appellant, his daughter, at the rate of Rs.500 per month on the ground that he was unable to maintain himself.
  • The appellants argued that the maintainability of the application on the ground that section 125(1)(d) Cr.P.C. does not entitle a father to claim maintenance from his daughter and the objection was overruled by the magistrate and held maintainable.
  • Aggrieved by the order the appellant moved to the Bombay High Court.
  • The High Court affirmed the order of the learned Magistrate and held that the application of a father for maintenance who is unable to maintain himself is maintainable against his married daughter having sufficient means. In that view of the matter, the High Court dismissed the revisional application of the appellant.
  • Appellant filed a special leave petition.

HELD:

  • The Supreme Court held that a daughter after her marriage does not cease to be a daughter of the father or mother.
  • That section 125(1)(d) has imposed liability on both the son and the daughter to maintain their father or mother who is unable to maintain himself or herself.
  • The purpose of such enactment is to enforce the social obligation and the court can’t think of any reason why the daughter should be excluded from such obligation to maintain their parent.
  • Appeal dismissed.