Under old Hindu law an unmarried daughter was entitled to claim maintenance from her father and on the death of her father; she was entitled to be maintained out of his estate. But such rights were not available to an illegitimate daughter. Under the present law as contained in the Hindu Adoptions and Maintenance Act, 1956, whether legitimate or illegitimate both can claim maintenance from their parents.
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But the obligation of the parents to maintain them would be dependent on the fact that the daughters are unable to maintain themselves by their own separate earnings and property. Daughters can claim maintenance from her parents so long as she is unmarried. There is no obligation on the parents to maintain a married daughter but on her becoming a widow, the obligation is revived.
ADVERTISEMENTS:
It may be worthwhile to note that Section 20(2) does not cast a liability on the parents to maintain an illegitimate daughter beyond the age of eighteen years but in case of a legitimate daughter, this liability extends upto the period of her marriage, as the case of daughter is governed by sub-section (3) of Section of the Act and in sub-section (3) there is no mention of illegitimate daughter.
In Thadisina Chinna Bahu Rao v. Kum Thadisina Sarala, the court held that under Section 20(3) of Maintenance Act, an unmarried daughter can claim maintenance from her parents irrespective of religion to which she belongs even after attaining majority.
