Скачать или смотреть Hindi - Supreme Court on Maintenance: Section 125 CrPC vs. Section 20 HAMA

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Can a father legally stop paying maintenance the moment his daughter turns 18? What if she is unmarried, unemployed, and unable to support herself?

In the landmark judgment of Abhilasha v. Parkash, the Supreme Court of India settled a major conflict between two critical laws: Section 125 of the Code of Criminal Procedure (CrPC) and Section 20 of the Hindu Adoptions and Maintenance Act, 1956. This video explains why having a "right" to maintenance is not enough—you must also knock on the correct door of the court system.

We analyze why the Supreme Court dismissed the daughter's petition under Section 125 CrPC while simultaneously affirming her absolute right to maintenance under Hindu Personal Law. This is a crucial guide for law students, family lawyers, and anyone navigating maintenance disputes in India.

Topics Covered:

Facts of the Case: Abhilasha v. Parkash & Ors.

The Conflict: Criminal Procedure vs. Civil Rights.

Understanding Section 125(1)(c) CrPC regarding major children.

The scope of Section 20 of the Hindu Adoptions and Maintenance Act.

Jurisdiction differences: Judicial Magistrate vs. Family Court.

Practical advice for drafting maintenance petitions.

Citations & Key Provisions:

Abhilasha v. Parkash & Ors. (2020)

Section 125, Code of Criminal Procedure (CrPC)

Section 20, Hindu Adoptions and Maintenance Act, 1956 (HAMA)

Jagdish Jugtawat v. Manju Lata (Precedent distinguished)

Disclaimer:
This video is for educational purposes only and does not constitute legal advice. The information provided is based on the court's judgment and should not be used as a substitute for consultation with a qualified legal professional. Case facts and legal interpretations can be complex and specific to individual circumstances.

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