Yes, if she is unmarried and cannot maintain herself. In A v. B (2026:BHC-NAG:13753), reported on 27 October 2026, the Bombay High Court upheld a Family Court order granting maintenance to an unmarried daughter who had become an adult, holding that her right to sue separately under Section 20(3) of the Hindu Adoptions and Maintenance Act does not bar a claim under Section 125 CrPC (now Section 144 BNSS). The burden is on the father to show that she is able to maintain herself.
In maintenance cases that have been running for years, the children grow up while the case is pending. The father’s response is often predictable: the children are now adults, so the claim falls away. This judgment addresses exactly that argument.
The facts
The Family Court in Nagpur had granted ₹7,000 a month to each of two children in 2019. It refused maintenance to the mother, who was a teacher earning about ₹40,000 a month, and fixed the children’s amount after noting that the father, also a teacher, earned about ₹71,000. The father challenged the order, saying the children had become adults and that he also had to support his elderly parents.
What the High Court decided
- For the younger child, who was a minor when the Family Court passed its order, the order was valid and could not be undone simply because the child later turned 18.
- For the daughter, the existence of a separate remedy under Section 20(3) HAMA did not bar her claim under Section 125 CrPC, particularly as the father had not shown she could maintain herself.
- The Court relied on the Supreme Court’s ruling in Jagdish Jugtawat v. Manju Lata (2002), which upheld maintenance for a daughter past majority.
- The revision was dismissed and the maintenance stands.
How the two laws fit together
| Section 144 BNSS (old 125 CrPC) | Section 20(3) HAMA | |
|---|---|---|
| Who can use it | Wife, children, parents — any religion | Hindus, Buddhists, Jains, Sikhs |
| Adult unmarried daughter | Allowed in practice, following Jagdish Jugtawat, if she cannot maintain herself | Expressly covered while she is unmarried and unable to maintain herself |
| Where filed in Pune | Family Court, Shivajinagar | Family Court, Shivajinagar |
| Speed | Summary proceeding, usually faster | Civil proceeding, can include marriage expenses |
What the father can and cannot argue
A father is not left without answers. If the daughter is earning, or has the means to support herself, that is a genuine defence, and he should produce evidence of it. Changed circumstances, including his own reduced income or new responsibilities, can support an application to reduce the amount. What does not work is the bare statement that she has turned 18.
What a mother or daughter in Pune should keep ready
- Proof of the daughter’s education and current status — college fee receipts, admission letters, or proof she is not employed.
- A simple monthly expense sheet for the daughter: fees, travel, books, medical, food.
- Whatever you know of the father’s income — salary slips, Form 16, property, business records.
- The affidavit of assets and liabilities now required in every maintenance case, filled in honestly on your own side.
The bottom line
A daughter’s 18th birthday does not end a father’s obligation if she is unmarried and cannot support herself. Fathers who wish to contest a claim should do it on evidence of her actual means, and mothers should make sure the case file shows clearly why she still needs support.