Section 20 - Maintenance of Children and Aged Parents under Hindu Adoptions and Maintenance Act 1956
Section 20 of the Hindu Adoptions and Maintenance Act, 1956 (HAMA) creates a statutory obligation concerning maintenance of children and aged or infirm parents. It also expressly protects an unmarried daughter who is unable to maintain herself and includes a childless stepmother within the meaning of "parent".
Legal text checked against the official India Code source. Article updated: 27 September 2026.
Text of Section 20 - Maintenance of children and aged parents
20. Maintenance of children and aged parents.
(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.
Explanation. In this section "parent" includes a childless stepmother.
Official source: India Code - Hindu Adoptions and Maintenance Act, 1956.
Meaning and scope of Section 20
Section 20 is in Chapter III of HAMA, which deals with maintenance. Sub-section (1) states the general lifetime obligation of a Hindu to maintain legitimate or illegitimate children and aged or infirm parents. Sub-section (2) gives a legitimate or illegitimate child a claim against the father or mother while the child is a minor. Sub-section (3) separately extends the obligation in relation to an aged or infirm parent and an unmarried daughter when that person is unable to maintain himself or herself from earnings or other property.
| Person claiming maintenance | Section 20 rule |
|---|---|
| Minor legitimate or illegitimate child | May claim maintenance from the father or mother while the child is a minor under Section 20(2). |
| Unmarried daughter | Section 20(3) extends the obligation where she is unable to maintain herself from her own earnings or other property. |
| Aged or infirm parent | Section 20(3) applies where the parent is unable to maintain himself or herself from earnings or other property. |
| Childless stepmother | The Explanation expressly includes a childless stepmother within "parent". |
Maintenance of a major unmarried daughter
The reference to an "unmarried daughter" in Section 20(3) is important because it is not confined by the wording of that sub-section to minority. The Supreme Court has recognised that an unmarried Hindu daughter who is unable to maintain herself can claim maintenance from her father under Section 20(3) even after attaining majority, subject to the statutory requirements and the proper proceeding for enforcement.
Maintenance of aged or infirm parents
A Hindu's obligation under Section 20 covers an aged or infirm parent. Under sub-section (3), the extended obligation operates to the extent that the parent is unable to maintain himself or herself from personal earnings or other property. The statutory Explanation also makes clear that "parent" includes a childless stepmother.
Important definitions under HAMA
Section 3 of HAMA contains definitions used in the Act. For maintenance, Section 3(b) gives "maintenance" a broad statutory meaning covering food, clothing, residence, education and medical attendance and treatment; in the case of an unmarried daughter, it also includes reasonable expenses of and incident to her marriage. The application of HAMA itself is governed by Section 2, while relevant statutory definitions are available in Section 3.
Supreme Court interpretation - Abhilasha v. Parkash
In Abhilasha v. Parkash, Criminal Appeal No. 615 of 2020, decided on 15 September 2020, the Supreme Court considered the right of a major unmarried daughter in the context of Section 20(3) HAMA and the summary remedy then contained in Section 125 CrPC.
The Court recognised the statutory right of an unmarried Hindu daughter to claim maintenance from her father until marriage where she is unable to maintain herself. It also explained that enforcement of the larger right under Section 20 HAMA requires the proceeding contemplated by that law; the summary criminal-procedure remedy has its own statutory limits.