Physically, Mentally Fit Daughters Not Entitled to Maintenance Under Section 488: High Court
Srinagar, Apr 11, KNT: In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has held that adult, unmarried daughters who are physically and mentally fit are not entitled to claim maintenance under Section 488 of the J&K Code of Criminal Procedure.
Justice Rahul Bharti delivered the verdict while allowing a petition filed by senior citizen Abdul Raheem Bhat, who had challenged a Judicial Magistrate’s 2019 order directing him to pay Rs 1,200 monthly maintenance each to his two unmarried, adult daughters.
Referring to the statutory provision, the Court observed that Section 488 CrPC does not extend maintenance rights to major daughters who are not suffering from any physical or mental incapacity. “Such daughters cannot invoke Section 488 by any stretch of reasoning,” the Court noted.
The case dates back to 2014 when Bhat’s two daughters and a son approached the trial court seeking maintenance from their father. The court had dismissed the son’s plea but allowed maintenance to the daughters. Ironically, in 2017, the same father was granted Rs 2,000 monthly maintenance from his son through a separate court order.
Finding merit in the petitioner’s contention, the High Court ruled that the lower court failed to appreciate the legal bar and set aside the Magistrate’s order. “The petition is allowed,” Justice Bharti stated in his judgment.
Advocate GN Sofi represented the petitioner before the High Court. [KNT]
