1. Whether a major unmarried Hindu daughter shall be entitled for maintenance in a proceeding under S. 125 of the Criminal Procedure Code is the question which falls for determination in the present case under the following circumstances?

2. Opposite party Nos. 2 and 3 who happened to be the mother and daughter, filed application for grant of maintenance under S. 125 of the Criminal Procedure Code (hereinafter referred to as the Code). The claim was laid against the husband and father respectively. According to the wife she was in the employment of the State Government but after her retirement she has not got any pensionary benefit and as such unable to maintain herself and her daughter. The petitioner who happens to be the husband of opposite party No. 2 and father of opposite party No. 3 (hereinafter referred to as the father) resisted their prayer on the ground that the wife had sufficient means to maintain herself from the retirement benefits, which she shall be entitled on superannuation and opposite party No. 2 being a major daughter, she is not entitled for the maintenance.

3. During the pendency of the application a prayer was made for grant of interim maintenance a