SUPREME COURT JUDGEMENT: SECTION 125 CR.P.C. IS TO PROVIDE IMMEDIATE RELIEF TO APPLICANT IN A SUMMARY PROCEEDINGS, WHEREAS RIGHT UNDER SECTION 20 READ WITH SECTION 3(B) OF THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 CONTAINS LARGER RIGHT, WHICH NEEDS DETERMINATION BY A CIVIL COURT, HENCE FOR THE LARGER CLAIMS AS ENSHRINED UNDER SECTION 20, THE PROCEEDINGS NEED TO BE INITIATED UNDER SECTION 20 OF THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 AND THE LEGISLATURE NEVER CONTEMPLATED TO BURDEN THE MAGISTRATE WHILE EXERCISING JURISDICTION UNDER SECTION 125 CR.P.C. TO DETERMINE THE CLAIMS CONTEMPLATED BY THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956.

NAME		MOBILE NO.	E-MAIL I’D
RANJEET KUMAR		8383098478, 9667769795	rk@courtkutchehry.com
JAI THAKUR		8130703334, 9355723300	jai.thakur@courtkutchehry.com
RAJEEV RANJAN		9334553249	rajiv.ranjan@courtkutchehry.com
ASHOK MISHRA		9718327746	sales@courtkutchehry.com
RAVI KUMAR			ravi.singh@courtkutchehry.com

Abhilasha Vs. Parkash & Ors, (2020) 09 SC CK 0021

A Full Bench of the Supreme Court held that as a preposition of law, an unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Hindu Adoptions and Maintenance 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 Section 20 of the  Hindu Adoptions and Maintenance Act, 1956.The Full Bench  while upholding the orders passed by the learned Judicial Magistrate as well as learned Additional Sessions Judge in the revision held that the said order was not required to be interfered with by the High Court in exercise of jurisdiction under Section 482 Cr.P.C. The Supreme Court viewed that the purpose and object of Section 125 Cr.P.C. is to provide immediate relief to applicant in a summary proceedings, whereas right under Section 20 read with Section 3(b) of the Hindu Adoptions and Maintenance Act, 1956 contains larger right, which needs determination by a Civil Court, hence for the larger claims as enshrined under Section 20, the proceedings need to be initiated under Section 20 of the Hindu Adoptions and Maintenance Act, 1956 and the legislature never contemplated to burden the Magistrate while exercising jurisdiction under Section 125 Cr.P.C. to determine the claims contemplated by the Hindu Adoptions and Maintenance Act, 1956.