Unmarried daughter above 18 years can claim maintenance from father, says Bombay High Court

An unmarried daughter above 18 years is entitled to maintenance from her father if her parents are divorced or estranged, the Bombay High Court has ruled.

Also, a woman can file an application for maintenance on behalf of her major daughter, Justice Bharti Dangre ruled on Friday.

The high court heard a petition filed by a woman challenging the family court's order dismissing her application seeking maintenance from her estranged husband for the couple's 19-year-old daughter.

Justice Dangre said in her ruling that as per the CrPC a major child is entitled for maintenance only if he or she is not able to maintain herself or himself due to any physical or mental problem.

But past judgments of the Supreme Court and high courts have held that an unmarried major daughter can also seek maintenance if she is not financially independent (even if she doesn't suffer from any disability), the judge noted.

Dangre directed the Principal Judge of the family court to consider the petitioner's claim afresh.