ABHILASHA versus PARKASH & ORS.

Citation: [2020] 11 S.C.R. 244 · Decided: 15-09-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2020] 11 S.C.R.
ABHILASHA
v.
PARKASH & ORS.
(Criminal Appeal No. 615 of 2020)
SEPTEMBER 15, 2020
[ASHOK BHUSHAN, R. SUBHASH REDDY AND
M. R. SHAH, JJ.]
Code of Criminal Procedure, 1973: s.125 – Whether a Hindu
unmarried daughter is entitled to claim maintenance from her father
under s.125 Cr.P.C. only till she attains majority or she can claim
maintenance till she remains unmarried – Held: The Scheme under
s.125(1) Cr.P.C. contemplate that claim of maintenance by an
unmarried daughter, who has attained majority is admissible only
when by reason of any physical or mental abnormality or injury,
she is unable to maintain herself – However, an unmarried Hindu
daughter can claim maintenance from her father till she is married
in terms of s.20(3) of the Act, 1956, provided she pleads and proves
that she is unable to maintain herself, for enforcement of which
right her application/suit has to be under s.20 of Act, 1956 – Hindu
Adoptions and Maintenance Act, 1956 – s.20 – Code of Criminal
Procedure, 1898 – s.488.
Code of Criminal Procedure, 1973: s.125 – Nature, extent
and scope of – Discussed.
Code of Criminal Procedure, 1973: s.125 – Hindu Adoptions
and Maintenance Act, 1956 – Distinction between – Held: The
purpose and object of s.125 is to provide immediate relief to
applicant in a summary proceedings, whereas right under s.20 read
with s.3(b) of Act, 1956 contains larger right, which needs
determination by a Civil Court, hence for the larger claims as
enshrined under s.20, the proceedings need to be initiated under
s.20 of the Act and the legislature never contemplated to burden the
Magistrate while exercising jurisdiction under s.125 Cr.P.C. to
determine the claims contemplated by Act, 1956.
Family Courts Act, 1984: Jurisdiction of Family Court – Family
Courts shall have the jurisdiction only with respect to city or town
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whose population exceeds one million and where there is no Family
Courts, proceedings under s.125 Cr.P.C. shall have to be before
the Magistrate of the First Class – In an area where the Family
Court is not established, a suit or proceedings for maintenance
including the proceedings under s.20 of the Act, 1956 shall only be
before the District Court or any subordinate Civil Court – There
may be a case where the Family Court has jurisdiction to decide a
case under s.125 Cr.P.C. as well as the suit under s.20 of Act, 1956,
in such eventuality, Family Court can exercise jurisdiction under
both the Acts and in an appropriate case can grant maintenance to
unmarried daughter even though she has become major enforcing
her right under s.20 of Act, 1956 so as to avoid multiplicity of
proceedings – Hindu Adoptions and Maintenance Act, 1956 – s.20
– Code of Criminal Procedure, 1973 – s.125.
Dismissing the appeal, the Court
HELD: 1. A bare perusal of Section 125(1) Cr.P.C. as well
as Section 20 of the Hindu Adoptions and Maintenance Act, 1956
indicates that Section 125 Cr.P.C. limits the claim of maintenance
of a child until he or she attains majority. By virtue of Section
125(1)(c), an unmarried daughter even though she has attained
majority is entitled for maintenance, where such unmarried
daughter is by reason of any physical or mental abnormality or
injury is unable to maintain itself. In the present case, the
Revisional Court returned a finding that appellant is not suffering
from any physical or mental abnormality or injury due to which
she is unable to maintain herself. The above findings are not
even questioned before this court. What is contended that even
if she is not suffering from any physical or mental abnormality or
injury, by virtue of Section 20 of Act, 1956, she is entitled to claim
maintenance till she is unmarried. [Para 12][253-B-E]
2. In the Code of Criminal Procedure, 1898, Section 488
was the provision governing the maintenance of wife or legitimate
or illegitimate child of any person. Section 488 sought to inhibit
negligence of woman and children with intent to serve a social
purpose. The provision provided for summary proceeding to
ABHILASHA v. PARKASH & ORS.
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enable a deserted wife or helpless child, legitimate or illegitimate,
to get urgent relief. The laws are nothing but collective
consciousness of community. It is in the interest of the community
and social order that woman and child who are neglected be
maintained and should be provided a f

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