Under the Hindu Adoptions and Maintenance Act (HAMA), 1956, 'K' has a legal right to claim maintenance from her father, 'B', even though she is an adult (25 years old).
The specific provision governing this is Section 20 of the Act.
1. Legal Provision: Section 20 of HAMA
Section 20 imposes a personal obligation on a Hindu father and mother to maintain their children. Specifically, Section 20(3) states:
"The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other p
roperty."
2. Key Conditions for 'K' to Claim Maintenance
For 'K' to successfully demand maintenance under this Act, three conditions must be satisfied:
Relationship: She must be the daughter of 'B'.
Marital Status: She must be unmarried. Unlike sons, whose right to maintenance generally ceases at 18 (unless they have a physical/mental infirmity), an unmarried daughter’s right continues past the age of majority.
Inability to Maintain Self: She must prove she is unable to maintain herself from her own earnings or other property.
3. What does "Maintenance" include?
Under Section 3(b) of the Act, maintenance for an unmarried daughter is broad and includes:
Food, clothing, and residence.
Medical attendance and treatment.
Education (at all levels).
Reasonable expenses of and incident to her marriage.
Conclusion
Yes, 'K' can ask for maintenance. As an unmarried Hindu daughter who is unable to maintain herself, she has a statutory right under Section 20(3) of HAMA, 1956 to claim maintenance from her father 'B'. This right is not restricted by her age (25) and will continue until the day she gets married or becomes financially self-sufficient.
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