A child who has attained majority and is unable to maintain itself due to physical or mental abnormality is entitled to claim maintenance from the father.

ORDER :

R.G. Avachat, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.

2. The challenge in this writ petition is to the judgment and order dated 10 May, 2019 passed by Family Court, Aurangabad in petition being Petition No. E-175 of 2017. By the impugned judgment and order, the petitioner-husband, respondent in the petition before the Family Court, has been directed to pay Respondent No. 2 - daughter Rs. 3,000/- per month from the date of order in addition to the maintenance granted to her under Protection of Women from Domestic Violence Act, 2005 ("PWDV Act") and pay Respondent No. 3 -son, Rs. 3,000/- per month during his minority and thereafter pay his educational expenses.

Facts in brief giving rise to the present petition are as follows:-

3. Respondent No. 1 is a legally wedded wife of the petitioner. The couple is blessed with two' children, Respondent Nos. 2 and 3. Respondent No. 1 - wife had filed an application under PWDV Act (Cri. M.A. No. 1230 of 2012). The said application was allowed on 06 May, 2016 directing the petitioner to pay Respondent No. 1 - wife Rs. 4,000/- per month and Rs. 3,000/- per month each to Respondent Nos. 2 and 3. Thereafter the respondents filed, application for grant of maintenance under Section 125 of Code of Criminal Procedure ("Cr.P.C."). The said application was allowed as stated hereinabove. The petitioner is, therefore, before this Court.

4. Mr. Shinde, learned Counsel for the petitioner would submit that under Section 125 of Cr.P.C. a father is liable/responsible to maintain his minor child unable to maintain itself. The father is also responsible to make provision for maintenance of his major child, if such child, by reason of any physical or mental disability, is unable to maintain itself. According to learned Counsel, both Respondent Nos. 2 and 3 have attained majority long back. None of them claim to be unable to maintain itself on the ground of physical or mental abnormality and therefore, learned Judge ought not to have allowed the application. He would further submit that the petitioner has already been paying respondents towards their maintenance pursuant to the order passed in a proceeding under PWDV Act. According to him, no two proceedings for the same relief under two different statutes is permissible. Learned Counsel would further submit that the petitioner constructed a house and has given it to the respondents for their residence. The house has been constructed by raising a loan. The petitioner has been repaying the loan by monthly installments. Aland, admeasuring 5 Acres 20 Guntha, has also been given to the respondents for their maintenance. As such, provision has already been made for their maintenance. Moreover, Respondent Nos. 2 and 3 being major, are not entitled to claim maintenance. He has, therefore, urged for allowing the petition.

5. Mrs. Dhorde, learned Counsel for the respondents would, on the other hand, reiterated the reasons given by the Family Court in support of the proceedings under PWDV Act are in addition to the proceeding under Section 125 of Cr.P.C. Learned Counsel ultimately urged for dismissal of the petition.

6. Admittedly, the respondents had moved an application under Section 12 of PWDV Act. Said application was allowed directing the petitioner to pay Respondent No. 1 - wife Rs. 4,000/- per month and Respondent Nos. 2 and 3 Rs. 3,000/- per month each towards their maintenance. The said order is in force. Thereafter the respondents moved an application under Section 125 of Cr.P.C., wherein the impugned order has been passed. The said application was rejected so far as regards the claim of Respondent No. 1 - wife is concerned. She has not taken exception to the said order.

7. The question raised in this petition is as to whether the Family Court was justified in directing the petitioner to pay for maintenance of his children - Respondent Nos. 2 and 3, who have attained majority. Birth certifica