1. The present petition is filed by the petitioner-mother claiming maintenance for her major daughter under section 125 of the Code of Criminal Procedure and the legal issue involved is whether a major daughter is entitled for maintenance under section 125 of the Code of Criminal Procedure (“the Cr.P.C.” for short) and another issue which arises out of the present proceedings, whether a mother is competent to file proceedings claiming maintenance on behalf of her major daughter.

2. A brief in sight into the facts would reveal that the petitioner, a Roman Catholics, was married to respondent no.1 in the year 1988 and three children were born from the wedlock. At present, two sons are aged 25 and 24 years respectively and daughter Alcina Judy is presently 19 years. It is the claim of the petitioner that all the major children are residing with her. It is the specific case of the petitioner that the respondent had deserted her in the year 1997 and she was living with her minor children and on the contrary the respondent is living an adulterous life. The petitioner had filed proceedings under section 125 of Cr.P.C. bearing petition No.E24/2003 in the Family Court, Mumbai seeki