Firstly, please keep in mind that under Section 125 of the Criminal Procedure Code, wife can claim maintenance if she is unable to maintain herself. If your wife is earning in 6 figures (which means Rs. 1 lakh or above per month), then she cannot say that she is not able to maintain herself. So, if you have proof of her monthly salary which is in six figures, then you can oppose her maintenance application on this ground.
Secondly, under Section 125 Cr.P.C., a minor child can claim maintenance if he or she is unable to maintain himself or herself, as the case may be. In your case, you have said that the daughter is 18 years plus, which means that she is not a minor now, so legally speaking she cannot seek maintenance now. Then, there is another provision in Section 125 that even a child who has attained majority, i.e., above 18 years of age (not being a married daughter), can also claim maintenance if such child is, by reason of any physical or mental abnormality or injury unable to maintain itself. If your daughter has no such physical or mental abnormality or injury due to which she cannot maintain herself, then she cannot claim maintenance from you legally speaking. That said, as far as your daughter is concerned, she has just completed her 12th standard examination and she may be in need to study further instead of getting employed somewhere to maintain herself. Therefore, even if under law your daughter is not able to claim maintenance from you, it may be your moral duty to support her by paying her monthly allowance for study or for other requirements. This may be so even if she may be staying with her mother, i.e., with your wife. This is only a moral duty, though, as father of a daughter.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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