Can a major unmarried daughter claim maintenance from her father?

Question

I am an adult but unmarried and unemployed daughter, and my father has stopped supporting me. Can I legally claim maintenance from him? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can a major unmarried daughter claim maintenance from her father? is governed in India primarily by Hindu Adoption and Maintenance Act 1956, Section 20, Bharatiya Nagarik Suraksha Sanhita 2023, Section 144 and Hindu Marriage Act 1955, Section 26. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 20 of the Hindu Adoption and Maintenance Act 1956 obliges a Hindu to maintain his or her unmarried daughter so long as she is unable to maintain herself out of her own earnings or property, without an upper age cap tied merely to majority.

Section 144 of the BNSS, by contrast, restricts a child's claim to maintenance generally to a minor child, or a major child only if suffering from a physical or mental abnormality or injury rendering them unable to maintain themselves, unless it concerns an unmarried daughter under certain interpretations.

Courts have held that where parents are undergoing a matrimonial dispute, the obligation to maintain an unmarried daughter until her marriage continues and can be enforced through an application under Section 26 of the Hindu Marriage Act if divorce proceedings are pending between the parents.

An unmarried adult daughter unable to establish herself financially, including during higher education, can approach the family court for maintenance from her father, supported by proof of the father's income and her own lack of means.

The obligation to maintain a daughter typically continues until she is married, distinguishing it from the maintenance obligation towards a son, which generally ends at majority unless the son suffers from a disability.

What to do next: 1) Identify the correct statute depending on whether your parents' matrimonial case is pending or already concluded; 2) File an application under Section 20 of the Hindu Adoption and Maintenance Act or under Section 26 of the Hindu Marriage Act as applicable; 3) Provide proof of your unemployment, education expenses and lack of independent income; 4) Gather evidence of your father's income and financial capacity to support the maintenance claim.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Hindu Adoption and Maintenance Act 1956, Section 20 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.