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Criminal Procedure Code, 1973, Section 125 - Hindu Adoptions and Maintenance Act, 1956, Section 20(3) - Maintenance  - Magistrate while exercising jurisdiction under Section 125 Cr.P.C. does not have the powers  to determine the claims contemplated by the Act of 1956. #2020 SCeJ 1677  

 

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Hindu Adoptions and Maintenance Act, 1956, Section 20(3) - Maintenance – An unmarried Hindu daughter can claim maintenance from her father till she is married, 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 Act, 1956 and not under Section 125, Criminal Procedure Code, 1973. #2020 SCeJ 1677   

 

Criminal Procedure Code, 1973, Section 125 -  Hindu Adoptions and Maintenance Act, 1956, Sections 20(3) -  The 1956 Act was enacted to amend and codify the law relating to adoptions and maintenance among Hindus  -  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 - The Scheme under Section 125(1) Cr.P.C, thus, contemplate that claim of maintenance by a 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.  #2020 SCeJ 1677  

 

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Maintenance  - Laws governing maintenance of woman and Children - 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 forum to obtain urgent relief to enable them to sustain - Hindu Adoptions and Maintenance Act, 1956. #2020 SCeJ 1677   

 

Hindu Adoptions and Maintenance Act, 1956, Sections 20(3) - Family Courts Act, 1984 - Criminal Procedure Code, 1973 Section 125 -  Maintenance  - Exercise of powers under  - After enactment of Family Courts Act, 1984, a Family Court shall also have the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX of Cr.P.C. relating to order for maintenance of wife, children and parents -  Family Courts shall have the jurisdiction only with respect to city or town whose population exceeds one million, where there is no Family Courts, proceedings under Section 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 Section 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 Section 125 Cr.P.C. as well as the suit under Section 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 Section 20 of Act, 1956 so as to avoid multiplicity of proceedings as observed by this Court in the case of Jagdish Jugtawat v. Manju Lata, (2002) 5 SCC 422 -  However the Magistrate in exercise of powers under Section 125 Cr.P.C. cannot pass such order. #2020 SCeJ 1677   

 

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Hindu Adoptions and Maintenance Act, 1956, Sections 20(3) - Criminal Procedure Code, 1973 Section 125 - Maintenance  - Difference  - Maintenance as contemplated under Act, 1956 is a larger concept as compared to concept of maintenance under Section 125 Cr.P.C.  -  Section 3(b) of the 1956 Act,  while defining maintenance gives an inclusive definition including marriage expenses - 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 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 Act and the legislature never contemplated to burden the Magistrate while exercising jurisdiction under Section 125 Cr.P.C. to determine the claims contemplated by Act, 1956. #2020 SCeJ 1677

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