Provision of Maintenance For Daughters: Domestic Violence Act

A comprehensive legislative framework known as the Domestic Violence (DV) Act was developed to protect people, especially women, from domestic abuse. It contains a number of provisions intended to safeguard their interests, including provisions relating to maintenance. The DV Act has generated a lot of debate over whether or not daughters are entitled to maintenance only after they reach maturity or up till they get married.

To combat the pervasive issue of domestic violence in India, this law was passed. Its main objective is to protect domestic abuse victims and make sure they are in good physical, mental, and financial health.

Provision of Maintenance: DV Act

The DV Act’s provision for maintenance is one of its key features. Under the virtue of Section 20 of the DV Act, which specifically addresses this issue, the court may order the accused to pay financial relief to compensate the victim’s and any children’s expenses as a result of the domestic violence.

There has been some debate about whether daughters should be subject to the DV Act’s obligations regarding maintenance. 

Legal Standpoint

One must look at the problem from many legal angles to gain a better understanding-

Maintenance till Majority

According to some, the DV Act only seeks to maintain daughters up until they turn 18, or the age of majority. This interpretation is consistent with how the Act is worded, which refers to paying maintenance to “any child” without mentioning how long it should last.

Maintenance till Marriage

On the other hand, a different perspective contends that daughters have the right to maintenance under the DV Act up until their marriage. This interpretation’s proponents rely on conventional ideas of a father’s duty to provide for his daughter financially till her marriage.

Legal Interpretation

Indian courts have occasionally applied the DV Act’s provisions to grant daughters maintenance up till marriage. Even for girls who are adults, financial security has been emphasized in these decisions.

Role of Judiciary: Karnataka High Court

• In the case of XYZ and ABC, the wife had submitted an application under the virtue of Section 12 of the Act requesting relief for a separate residence, an injunction preventing the respondent-husband from engaging in any domestic abuse, as well as maintenance and compensation in the amount of 10,000,000 rupees.
• After carefully examining the allegations, the court granted the application in part, ordering the husband to refrain from using any kind of domestic violence. It also ruled that the children of the petitioner and respondent are entitled to 5,000 rupees per month in maintenance till they get married. In addition, he additionally granted damages in the amount of 5,000,000 rupees.
• The Karnataka High Court ruled that daughters are only eligible for maintenance under the DV Act up until the age of the age of majority, that is, 18 years old. The Act does not cover maintenance until the daughter gets married, the court made clear.

Impact of High Court’s Decision

• The judgment clarifies the law regarding the DV Act’s maintenance provisions for daughters. It states that girls are only eligible for maintenance up until the time they reach legal adulthood.
• The decision is anticipated to promote judgment uniformity throughout India’s various jurisdictions. This precedent will probably be used by courts to decide similar instances.
• Although the ruling follows a rigorous reading of the Act’s language, it could have repercussions for daughters who seek financial assistance after they become adults. If daughters do not marry, they may need to look into alternative legal options for support.
• In order to provide legislative clarity on the topic, the Karnataka High Court’s ruling may spur debates about modifying the DV Act to clearly address the question of daughter maintenance.

Conclusion

With its recent ruling, the Karnataka High Court has put to rest a protracted debate over support for daughters under the DV Act. The court made it clear that the Act only grants girls maintenance benefits up until the time they reach adulthood; there is no provision for maintenance up until marriage.

The decision brings much-needed legal clarity to the situation, aids in judicial consistency, and directs the development of the law pertaining to daughter maintenance. It also emphasizes how crucial it is for lawmakers to take changing cultural expectations for adult daughters’ financial support into account.

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