ABDUL HAMID Vs. KU GAZALA PARVEEN

JUDGEMENT

(1.) THIS revision is directed against the order dated 12-5-1998 passed by the Judicial Magistrate, First Class, Rewa in M. J. C. No. 19/98 (old No. 9/97) whereby relief for grant of maintenance at the rate of Rs. 400/- per month from 8-2-1997 has been allowed in favour of respondent till she is married.

(2.) THE respondent is daughter of petitioner. Her date of birth is 9-2-72 and she completed the age of 18 years on 8-2-1997. She filed an application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for grant of maintenance allowance after attaining majority on 8-2-1997 claiming that she was entitled for maintenance till she is married. The petitioner opposed the application on the ground that the day the respondent attained her age of majority, his liability to maintain her ceased under Section 125 of the Code. The Court below placing reliance on the decision of the Supreme Court in the case of Noor Saba Khatoon v. Mohd. Quasim, AIR 1997 SC 3280, held that the respondent was entitled for maintenance at the rate of Rs. 400/- p. m. from 5-8-1997 till she is married despite her attaining the age of majority. There is no dispute between the parties that petitioner has already paid maintenance to the respondent at the rate of Rs. 400/- per month upto 8-2-97.

(3.) THE learned Counsel for the petitioner argued that Clause (b) of Section 125 of the Code applies to minor children and Clause (c) applies to children who have attained majority but who by reason of any physical or mental abnormality or injury are unable to maintain themselves and that neither Clause (b) nor Clause (c) entitles a major child, whether a son or daughter, to obtain maintenance from the father unless suffering from any physical or mental abnormality or injury and for that reason unable to maintain themselves. It is also submitted that in the present case the respondent for whom maintenance has been allowed is major and not suffering from any physical or mental abnormality or injury and, therefore, she is not entitled for maintenance after becoming major for any period thereafter.