MD. ASHAN ALI Vs. MUSSTT. JUNAGAR BEGUM

JUDGEMENT

(1.) Head Mr. D. C. Mahanta, learned counsel for the petitioner ad Mr. S. Ali, learned counsel for the respondents.

(2.) The petitioner Ashan Ali was directed to pay maintenance to his wife and son vide order dated 24-4-79 by the Chief Judicial Magistrate, Kamrup, Guwahati in case No. 29/78. The petitioner paid the maintenance in compliance of the said order. Thereafter on 23-3-96 petitioner filed an application claiming exemption from paying maintenance to his son Merjul Ali on the ground that the said son has attained majority and vide order dated 30-6-97 passed in F. C. (Criminal) 91/92, learned Principal Judge, Family Court rejected the prayer. Hence the present revision.

(3.) The only question which has arisen in this case is whether a father is liable to pay maintenance of his child who has attained majority. Learned counsel for the respondents submitted that that the son Merajul is prosecuting his studies in higher secondary class and as he is unable to maintain himself he is entitled to maintenance. In support of his submission learned counsel has referred to a decision of the Apex Court in the case of Nanak Chand v. Chandra Kishore Agarwala, AIR 1970 SC 446 : (1970 Cri LJ 522) the Apex Court observed :