Page No.# 1/2 GAHC010265442024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1561/2024 DEBARAJ DAS S/O LATE UMESH CH. DAS R/O BUDARURTUP, P.S. AND DIST. BARPETA, ASSAM VERSUS NAMITA DAS AND ANR. D/O ASWINI DAS R/O SUNDARIDIA (DAKHINHATI) BARPETA, P.O. AND P.S. BARPETA, DIST. BARPETA, ASSAM, PIN-781301. 2:BARASHA DAS D/O DEBARAJ DAS R/O SUNDARIDIA (DAKHINHATI) BARPETA P.O. AND P.S. BARPETA DIST. BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. N HAQUE, MR M HUSSAIN,MR. A K AZAD,MR. S R BARBHUIYA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.05.2025 Heard the learned counsel Mr. N Haque appearing for the petitioner. Page No.# 2/2 2. This application has been filed under Section 528 of the BNSS, 2023 read with Article 227 of the Constitution of India in respect of M R Case No. 84/2004. 3. The wife and daughter together filed a proceeding under Section 125 of the Code of Criminal Procedure seeking maintenance. In the meantime, the daughter became a major. Therefore, the learned trial court suo moto converting the proceeding under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 (for short the ‘Act of 1956’) and granting maintenance to the daughter. 4. In Abhilasha Vs. Parkash and Ors. reported in 2020 0 AIR (SC) 4355, the Hon’ble Supreme Court has held that daughter, till marriage is entitled to maintenance under Section 20(3) of the Act of 1956 but she had had to plead and prove that she is unable to maintain herself, for enforcement of which right, her application has to be under Section 20 of the Act of 1956. 5. In view of the above, the order passed by the learned Family Court converting the proceeding to a proceeding under the Act of 1956 is bad in law. The trial court shall be entitled to grant maintenance to the daughter if she pleads and proves that she is unable to maintain herself. 6. Therefore, the impugned order passed by the learned Principal Judge, Family Court, Barpeta in M R Case No. 84/2004 granting maintenance to Barasha Das is set side. Whenever, Barasha Das shall plead and prove that she is unable to maintain herself, then only the Family Court shall have the liberty to grant her maintenance. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant