SATISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this case, the question for consideration is as to whether an unmarried major daughter, who is unable to maintain herself, can claim maintenance from her father under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) and as to whether to claim such maintenance, she is further required to establish that she cannot maintain herself only on account of her physical or mental abnormality or injury.

(2.) THE petitioner (father) has filed the instant petition under Section 482 of the Code impugning the order dated 10.1.2001 passed by Judicial Magistrate Ist Class, Jalandhar, dismissing his application filed under Section 127 of the Code for cancelling the earlier order of interim maintenance on the ground that the respondent (daughter) has now attained majority and now she is not entitled to maintenance under Section 125 of the Code. The respondent was awarded an interim maintenance of Rs. 400/- per month under Section 125 of the Code, vide order dated 1.6.2001, passed by Judicial Magistrate Ist Class, when she was minor. The respondent attained the date of majority on 21.2.2002. On 25.3.2002, the petitioner filed an application for cancellation of the aforesaid interim maintenance on the ground that after attaining the age of majority, respondent No. 2, being unmarried daughter, is not entitled for any maintenance under clause (c) of Section 125 of the Code. Under this clause a major unmarried daughter is entitled for grant of maintenance only where she is, by reason of her any physical or mental abnormality or injury, unable to maintain herself.

(3.) COUNSEL for the petitioner submitted that the impugned order dated 10.1.2004, passed by the trial Court, is totally contrary to the provisions of clause (c) of Section 125 of the Code and its intents and purposes. He submitted that the respondent being a major unmarried daughter, is not entitled for maintenance from her father because there is no finding that she is unable to maintain herself due to her physical or mental abnormality or injury. He submitted that until and unless, respondent establishes that she is unable to maintain herself on account of her physical or mental abnormality or injury she cannot claim maintenance under Section 125 of the Code from her father, even though she is a major unmarried daughter. In support of his contention, he relied upon a decision of the Kerala High Court in Muhammed v. Kumhayisha, 2003(4) RCR(Criminal) 397, wherein it has been held as under :-