Can a father claim maintenance from a married daughter under Section 125 CrPC?

Yes. The Supreme Court held that Section 125(1)(d) allows parents to seek maintenance from sons and daughters, including a married daughter, if conditions are met.

Does the word “his” in Section 125 exclude daughters?

No. By Section 2(y) CrPC, Section 8 IPC, and Section 13 of the General Clauses Act, masculine words include females unless the context requires otherwise.

What must the court check before ordering a daughter to pay maintenance?

That the parent cannot maintain themselves and the daughter has sufficient independent means of her own, separate from her husband's income.

What is the social purpose of Section 125 CrPC?

To give a quick remedy to prevent destitution and homelessness among dependents like parents, wives, and children.

Does marriage end a daughter’s duty to her parents?

No. Marriage does not erase the daughter’s legal and moral responsibility towards her parents under Section 125, subject to legal conditions.

Law Easy

01 January, 1970

1651

Vijay Manohar Arbat v. Kashi Rao Rajaram Sawai (1987) — Section 125 CrPC & Parent Maintenance | The Law Easy

Vijay Manohar Arbat v. Kashi Rao Rajaram Sawai and Anr (1987)

The Supreme Court said a parent may claim maintenance from a son or daughter under Section 125 CrPC. Masculine words in the Code include females unless the context shows otherwise.

Supreme Court 1987 Criminal Procedure MM Dutt & GL Oza, JJ. Citation: Not provided ~4 min read

By Gulzar Hashmi Published: 02 Dec 2024 India

Criminal Procedure Code, 1973 (CrPC) Maintenance Daughter’s Liability Section 125

Quick Summary

The Court held that a father can claim maintenance from his married daughter under Section 125(1)(d) CrPC, if he cannot maintain himself and she has independent means. The word “his” in the Code includes “her” by law. Section 125 is a quick, social remedy to stop destitution.

```

Issues

Can a father seek maintenance from a married daughter under Section 125 CrPC?
Do masculine words in Section 125 exclude daughters from liability?

Rules (CrPC & Allied Statutes)

Section 125(1)(d) CrPC

Parents who cannot support themselves may claim maintenance from children.

Section 13, General Clauses Act

Masculine includes feminine unless the context says otherwise.

Section 2(y) CrPC

Words not defined in the Code take meanings from the IPC.

Section 8 IPC

Masculine includes feminine in IPC (read with CrPC by Section 2(y)).

Facts (Timeline)

Timeline illustration for maintenance claim under Section 125 CrPC

Background — Appellant is a doctor and married daughter of Respondent No. 1 (Kalyan, Thane).

Family — First wife (mother) died in 1948; father remarried and lives with second wife.

Maintenance claim — Father sought ₹500/month before JMFC, Kalyan, claiming inability to maintain himself.

Objection — Daughter said Section 125(1)(d) does not cover fathers against daughters.

Orders — Magistrate overruled; higher court dismissed her challenge.

Supreme Court — Appeal reached SC for final ruling.

Core dispute: scope of Section 125—does it bind daughters too?

Arguments

Appellant (Daughter)

Text uses “his”; claims Section 125 targets sons, not daughters.
Marriage shifts her duties to husband’s family.
Father should not proceed against a married daughter.

Respondent (Father/State)

Section 125 is gender-neutral in effect.
General Clauses Act & IPC make “his” include “her.”
Purpose is to prevent destitution; parents need support.

Judgment

Appeal dismissed. The Supreme Court upheld that parents can claim maintenance from daughters as well as sons under Section 125(1)(d) CrPC. The phrase “his father or mother” includes “her father or mother.” However, the court must check that the parent is unable to maintain themselves and that the daughter has her own independent income.

Ratio Decidendi

Gender-inclusive reading: By Section 13 GCA and Section 8 IPC, masculine terms in Section 125 cover females.
Purpose-driven interpretation: Section 125 aims to prevent destitution; parents should not be left helpless due to absence of sons.
Condition checks: Parent’s inability and daughter’s independent means are essential preconditions.

Why It Matters

The ruling strengthens parental security and gender equality. It confirms that daughters share the same legal duty as sons to support parents when the law’s conditions are met.

Key Takeaways

Parents may claim maintenance from sons and daughters under Section 125.
“His” includes “her” via GCA and IPC.
Parent must be unable to maintain themselves.
Daughter must have independent means.
Section 125 is a fast, social-welfare remedy.

Mnemonic + 3-Step Hook

Mnemonic: “HER 125”

H — “His” means “her” too.
E — Eligible parent: unable to maintain.
R — Resources of daughter: independent means.
125 — Section 125 CrPC is the remedy.

3-Step Hook

Check need: Parent cannot self-sustain.
Check means: Daughter’s own income exists.
Seek order: Claim under Section 125.

IRAC Outline

Issue

Can a father proceed against a married daughter for maintenance under Section 125?

Rule

Section 125(1)(d) CrPC; GCA s.13; CrPC s.2(y); IPC s.8.

Application

Read “his” as gender-neutral; test need of parent and means of daughter.

Conclusion

Yes, claim is maintainable; appeal dismissed.

Glossary

Term	Meaning
Maintenance	Money ordered by a court to support a dependent person.
Independent Means	Income or assets of the daughter herself, not her husband’s income.
Section 125 CrPC	Quick remedy to prevent destitution of dependents (parents, wife, children).
General Clauses Act s.13	Makes masculine words include feminine, unless context opposes.
IPC s.8	Defines gender inclusivity for interpretation (read via CrPC s.2(y)).

FAQs

Yes, if the parent cannot maintain themselves and the daughter has her own means. The law treats “his” as “her” too.

No. Marriage does not erase the duty under Section 125, subject to statutory conditions.

Income or assets owned by the daughter herself—salary, business income, property income—not her husband’s earnings.

It is designed for quick relief to stop destitution, without long civil trials.

Comment

Nothing for now