Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates appearing for:
Petitioner: Sri Ashok R Kayanashetty, Adv)
Respondents: Smt Vijaya R Hanmanthgadfor R-1 & 2, Adv

Result: Revision Petition petition is allowed in part.

Headnote:(A) Code of Criminal Procedure, 1973 -Section 125(1)(c) -Maintenance of son -Petition for enhancement of maintenance - Son attaining age of majority by that time-Not entitled to maintainance unless he is unable to maintain himself by reason of any physical or mental abnormality or injury suffered by him.
       Held: Section 125(1)(c) of Cr.P.C. provides that if any person, having sufficient means, neglects or refuses to maintain his legitimate or liiegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of nay physical or mental abnormality or injury unable to maintain itself, such child would be entitled to claim maintenance from his father. Thus it is clear, from a plain reading of these provisions and also the principles laid down in the above decisions, that if a son has to claim maintenance from his father even after attaining the age of majority, he should be unable to maintain himself by reason of any physical or mental abnormality or injury, a son would not be entitled to claim maintenance from his father after attaining the age of majority. (Para 7)
       (B) Hindu Adoption and Maintenance Act, - Section 20(30 _Maintenance of children -A major daughter is also entitled to maintenance as long as she remains unmarried -This benefit is not available to a son who has attained age of majority.
       (C) Criminal Procedure Code, -Section 125(1)(c) -Maintenance of major son -No provision for awarding of -May lead to frustration and undesirable consequences- Need of suitable amendment felt.
       Held: It is true that in these days, the children, whether male or female, would not be in a position to earn anything towards their own maintenance till they complte their education, at least by obtaining a Bachelor Degree or a course. But the fact is that they cannot obtain such degree or certificate, till they attain the age of 20 to 22 years i.e., minimum of 2 to 4 years after they attain the age of majority. It is also true that father of such children has a duty and obligation, both moral and social, to maintain them despite they attaining the age of majority, so as to enable them to complete their education upto a certain age, so that they would become eligible and competent to earn their livelihood by getting a suitable job or by opting some suitable profession or avocation. If such children are neglected in this regrad, they may become disappointed and also frustrated and consequently they may resort to short-cut methods for getting what they need for their maintenance and education. Such a short cut method may be unlawful one or opposed to public policy & morality. Further, the chances of such neglected children becoming anti-social elements in consequence of such disappointment and frustration cannot be ruled out. Therefore, it would be a moral & social obligation of every father to bring up his children, male or female, by giving proper education, culture etc., not only as his children, but also as the future citizens of the Nation. But the fact remains that in the absence of any statutory provision empowering the Courts to direct the father of such children to provide them with the least minimum facilities required for their maintainence and education, at least up to a certain stage, so as to enable themselves to acquire the ability to maintain themselves, no order whatsoever can be passed by the Courts issuing any kind of direction in this regard. Nothing can be done in favour of such children till suitable amendments are brought by the legislature to the relevant provisions of law. (Paras 13 and 14)

Mallayya vs Maha Devi - 2008 Supreme(Kar) 380