Supreme Court of India · 1987-02-18
DR. (MRS.) VIJAYA MANOHAR ARBAT vs KASHI RAO RAJARAM SAWAI AND ANR.
- Citation / case number
- SC 1986/69981
- Court
- Supreme Court of India
- Petitioner
- DR. (MRS.) VIJAYA MANOHAR ARBAT
- Respondent
- KASHI RAO RAJARAM SAWAI AND ANR.
- Author
- M.M. DUTT
- Bench
- M.M. DUTT
Judgment text excerpt
The Supreme Court held that an application under Section 125(1)(d) of the Code of Criminal Procedure, 1973, by a father claiming maintenance from his married daughter is maintainable. The Court interpreted the pronoun 'his' in the provision to include 'her', based on Section 8 of the Indian Penal Code and Section 13(1) of the General Clauses Act, thus establishing that both sons and daughters have a moral and legal obligation to maintain their parents. The appeal was dismissed, affirming the lower courts' decisions that recognized this obligation.