H.G. Ramesh, J.

1. The question that arises for determination in this revision petition is as to whether an unmarried daughter, who is unable to maintain herself but has attained the age of majority, is entitled to claim maintenance in a proceeding under Section 125 of the Code of Criminal Procedure, 1973.

2. This revision petition is by the wife, daughter and minor son and is directed against the order dated 30.9.2010 passed by the Family Court at Mysore in C.Mis.319/2008. By the impugned order, the Family Court has dismissed an unmarried daughter’s (petitioner No.2 herein) claim for maintenance made under Section 125 of the Cr.P.C. on the sole ground that she had attained the age of majority. The reasoning of the Family Court reads as follows:

“32. Since the 2nd petitioner is a major unmarried daughter and she is not suffering from any physical or mental deformity, her prayer for maintenance in Section 125 Cr.P.C. cannot be considered and her prayer is hereby rejected.

3. Learned counsel for the petitioners submitted that a daughter is entitled for maintenance from her father till she gets married, notwithstanding her attaining the age of majority. In support of his submission, he relied on a judgment of the Supreme Court in Noor Saba Khatoon Vs. Mohd. Quasim ((1997) 6 SCC 233) and specifically referred to paras 10 & 11 thereof, which read as follows:

“10. Thus, both under the personal law and the statutory law (Section 125 CrPC) the obligation of a Muslim father, having sufficient means, to maintain his minor children, unable to maintain themselves, till they attain majority and in case of females till they get married, is absolute, notwithstanding the fact that the minor children are living with the divorced wife.

11. Thus, our answer to the question posed in the earlier part of the opinion is that the children of Muslim parents are entitled to claim maintenance under Section 125 CrPC for the period till they attain majority or are able to maintain themselves, whichever is earlier and in case of females, till they get married, and this right is not restricted, affected or controlled by the divorcee wife’s right to claim maintenance for maintaining the infant child/children in her custody for a period of two years from the date of birth of the child concerned under Section 3(1)(b) of the 1986 Act. In other words Section 3(1)(b) of the 1986 Act does not in any way affect the rights of the minor children of divorced Muslim parents to claim maintenance from their father under Section 125 CrPC till they attain majority or are able to maintain themselves, or in the case of females, till they are married.”

4. The following observations made by a three judge Bench of the Supreme Court in Jagdish Jugtawat v. Manju Lata ((2002) 5 SCC 422) also needs to be noticed.

“3. In view of the finding recorded and the observations made by the learned Single Judge of the High Court, the only question that arises for consideration is whether the order calls for interference. A similar question came up for consideration by this Court in the case of Noor Saba

Khatoon v. Mohd. Quasim relating to the claim of a Muslim divorced woman for maintenance from her husband for herself and her minor children. This Court while accepting the position that Section 125 CrPC does not fix liability of parents to maintain children beyond attainment of majority, read the said provision and Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act together and held that under the later statutory provision liability of providing maintenance extends beyond attainment of majority of a dependent girl.

4. Applying the principle to the facts and circumstances of the case in hand, it is manifest that the right of a minor girl for maintenance from parents after attaining majority till her marriage is recognized in Section 20(3) of the Hindu Adoptions and Maintenance Act. Therefore, no exception can be taken to the judgment/order passed by the learned Single jud