Written by Ashish ShajiNew Delhi | November 7, 2025 11:57 AM IST 3 min readThe court observed that unlike in Hindu Adoption and Maintenance Act and Muslim Personal Law, there is no corresponding personal law applicable to Christians that allows a Christian unmarried daughter to claim maintenance from her father.The Kerala High Court recently held that an unmarried Christian daughter who has attained majority cannot claim maintenance from her father unless she is unable to maintain herself due to any physical or mental abnormality or injury.“An unmarried Christian daughter who has attained majority is not entitled to claim maintenance from her father in a proceeding under Section 125 of Cr.P.C. (Section 144 of BNSS), unless she is unable to maintain herself by reason of any physical or mental abnormality or injury”, Justice Kauser Edappagath held.The court observed that unlike in Hindu Adoption and Maintenance Act and Muslim Personal Law, there is no corresponding personal law applicable to Christians that allows a Christian unmarried daughter to claim maintenance from her father.The court made this observation while dealing with a revision plea filed by a Christian man who had challenged the Family Court’s order granting maintenance of Rs 20,000 and Rs 10,000 respectively to his wife and daughter. The Family Court further granted Rs 30,000 to his wife towards the educational expenditure of his daughter incurred by her.The counsel for the husband had challenged the Family Court’s order on the ground that his daughter was a major thus she was not entitled to maintenance. He also contended that his wife was living separately without sufficient reason after deserting him. He argued that his wife is employed and has sufficient means to maintain herself.The court noted that under Section 125(1)(c) of Cr.P.C. (Section 144(1)(c) of BNSS), a maintenance claim by a major daughter is admissible only when, by reason of any physical or mental abnormality or injury, she is unable to maintain herself.The court therefore set aside the Family Court’s order granting monthly maintenance to his daughter.Story continues below this adOn the next argument that his wife had deserted him, the court observed that his wife had given evidence that she was staying with her ailing younger son studying in Mumbai.The court noted that when a wife decides to reside away from her husband to provide better treatment and education for her ailing son, it cannot be said that she is living separately without sufficient reason to be disentitled to maintenance under Section 125(4) of Cr.PC (Section 144(4) of BNSS).On the argument that his wife was employed and had sufficient means to maintain herself, the court observed that it is a settled law that even if the wife has the capability to earn or is earning something, it does not disentitle her from claiming maintenance from her husband.“Considering the ability and financial capacity of the petitioner and the requirement of respondent No.1 (wife), the monthly maintenance of Rs. 20,000/- fixed by the Family Court to respondent No.1 appears to be very reasonable”, the court said.Story continues below this adThe court thus concluded, “I see no reason to interfere with the monthly maintenance of Rs. 20,000/- and consolidated educational expenditure of Rs. 30,000/ granted to the respondent No.1. For the reasons stated above, the impugned order, to the extent it granted monthly maintenance to respondent No.2, is hereby set aside. The revision petition stands allowed in part”.Ashish Shaji is working as the Senior Sub-Editor at the Indian Express. He specializes in legal news, with a keen focus on developments from the courts. A law graduate, Ashish brings a strong legal background to his reporting, offering readers in-depth coverage and analysis of key legal issues and judicial decisions. In the past Ashish has contributed his valuable expertise with organisations like Lawsikho, Verdictum and Enterslice. ... Read More© IE Online Media Services Pvt Ltd