Vijaya Manohar Arbat v. Kashi Rao Rajaram Sawai (1987)
Simple explainer in classroom-style English — Section 125 CrPC and the duty of a daughter to maintain a needy parent.
Quick Summary
This case answers a simple question: Can a parent claim maintenance from a daughter? The Supreme Court said Yes. Section 125(1)(d) CrPC puts the duty on both sons and daughters to support a parent who cannot maintain themselves.
- Supreme Court
- 1987
- AIR 1987 SC 1100
Issues
- Whether a father who cannot maintain himself can seek maintenance from his daughter under Section 125(1)(d) CrPC.
Rules
Section 125(1)(d) of the Code of Criminal Procedure creates a legal duty on both a son and a daughter to maintain a father or mother who is unable to maintain themselves.
Facts (Timeline)
Arguments
Appellant (Daughter)
- Section 125(1)(d) does not cover a daughter’s liability toward a father.
- Marriage changes her legal obligations toward her parental family.
Respondent (Father)
- The section is gender-neutral: it includes both sons and daughters.
- He lacks means; the daughter has sufficient means as a doctor.
Judgment
The Supreme Court dismissed the appeal. It held that a daughter does not stop being a daughter after marriage. Section 125(1)(d) CrPC places responsibility on both sons and daughters to maintain a needy parent.
Ratio Decidendi
Section 125(1)(d) CrPC is a social justice measure. Its words and purpose show a gender-neutral duty. A married daughter with sufficient means can be directed to pay maintenance to a parent who cannot maintain themselves.
Why It Matters
- Confirms equal duty of sons and daughters.
- Prevents parental destitution using a quick criminal law remedy.
- Often asked in exams on CrPC — Section 125.
Key Takeaways
- S.125(1)(d) → children must maintain parents: applies to sons & daughters.
- Marriage does not end a daughter’s relationship or duty.
- Focus is on need of parent and means of child.
Mnemonic + 3-Step Hook
Mnemonic: “DAD” — Daughter too liable • After marriage still daughter • Duty to maintain.
- Identify the needy parent.
- Check the child’s means (son or daughter).
- Apply Section 125(1)(d): order maintenance if needed.
IRAC Outline
| Issue | Can a father claim maintenance from his daughter under Section 125(1)(d) CrPC? |
|---|---|
| Rule | Section 125(1)(d) imposes a duty on sons and daughters to maintain a parent who cannot maintain themselves. |
| Application | The father lacked means; the daughter, a doctor, had sufficient means. Marriage did not end her duty. |
| Conclusion | Maintenance application maintainable against the daughter; appeal dismissed. |
Glossary
- Maintenance (S.125 CrPC)
- Monthly support ordered to prevent destitution of close relatives.
- Maintainable
- Legally fit to be heard and decided by the court.
- Special Leave Petition (SLP)
- A request asking the Supreme Court to grant leave to appeal.
FAQs
Related Cases
- Bhagwan Dutt v. Kamla Devi (1975) — scope of maintenance under S.125.
- Kirtikant D. Vadodaria v. State of Gujarat (1996) — stepmother’s claim and limits.
- Abhilasha v. Parkash (2020) — unmarried daughter’s maintenance under S.125.
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