The State Of Maharashtra vs Madhuri Maruti Vidhate (Since After ... on 30 September, 2022
4. Learned Single Judge has rightly relied upon the
Apex Court decision in State of Maharashtra vs. Madhuri
Maruti Vidhate AIR 2022 SC 5176 to the effect that a
married daughter residing in the matrimonial home
ordinarily cannot be treated as a dependent on her father.
Our scriptures injunct "bharta rakshati yavvane..." literally
meaning that it is the duty of husband to provide
maintenance to his dependent wife. That is how our
legislations too are structured e.g., Section 125 of the
Code of Criminal Procedure, 1973 (applicable to all
regardless of religions), Sections 24 & 25 of the Hindu
Marriage Act, 1955 (applicable to Hindus, in a broad sense
of the term), Section 37 of the Divorce Act, 1869
(applicable to Christians), Section 40 of the Parsi Marriage
and Divorce Act, 1936 (applicable to Parsis), Section 20 of
the Protection of Women from Domestic Violence Act,
2005 (applicable to all persons regardless of religion and
marital status), Sections 36 & 37 of the Special Marriage
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NC: 2023:KHC:35178-DB
WA No. 891 of 2023
Act, 1954, The Muslim Women (Protection of Rights on
Marriage) Act, 2019 (applicable to Muslims wives), etc.,
have been structured. No binding rule or ruling that
guarantees right of maintenance to the married daughter
residing with the husband qua the father, is brought to our
notice.