The son is not entitled to maintenance under section 125 Cr. PC after attaining majority.

A. K. BHATTACHARYA, J.

( 1 ) THE twin revisional applications, one being c. R. R. 618 of 2002 filed by the husband, hereinafter referred to as the petitioner, and the other being C. R. R. 1034 of 2002 filed by wife, henceforth referred to as the O. P. . are directed against the order dated 24. 01. 2002 passed by the learned Judicial Magistrate, 4th Court. Burdwan in Misc. Case No. 7/97 under section 127 Cr. PC granting enhancement of maintenance allowance. Since same question of law and fact are involved, both the applications were heard analogously.

( 2 ) THE O. P. obtained an order of maintenance @ Rs. 300/- p. m. for self and her son in Misc. Case 739 of 1981 under section 125 Cr. PC from the Court of learned Judicial Magistrate, 4th Court, Burdwan on 08. 04. 84. She filed an application under section 127 Cr. PC being registered as Misc. Case 7 of 1997 on 05. 05. 97 for enhancement of maintenance to the tune of Rs. 1200/- p. m. and 1000/- p. m. for self and her son respectively contending that the earning of the O. P. who has since been absorbed in a permanent post in the Eastern Railway has increased to Rs. 4000/5000/- p. m. and the amount of Rs. 300/-p. m. so awarded in 1984 is not sufficient to maintain themselves. The petitioner opposed to the enhancement contending that the O. P. has inherited the property of her father, and her son having already attained majority is not entitled to claim any maintenance.

( 3 ) TWO witnesses each on both sides were examined, and after considering the facts, circumstances and materials on record, the learned Court below allowed the prayer of the O. P. in part by the impugned order enhancing the maintenance allowance to Rs. 1000/-p. m. to the petitioner from the date of application and Rs. 700/- p. m. for the son payable till December, 2000.

( 4 ) BEING aggrieved by and dissatisfied with the said order, both the parties have preferred the present revision.

( 5 ) ALL that now requires to be considered is whether the learned court below was justified in passing the said order.

( 6 ) MS. Tanusri Chanda. learned counsel for the petitioner, assailed the impugned order mainly on two-fold grounds viz. (1) since the son attained majority in or about March, 1997 he is not entitled to any maintenance after that period, and (2) the learned Court below erred in law in passing the order of maintenance in favour of the wife from the date of application instead of date of passing of the order. Mr. P. S. Bhattacharya, learned counsel for the O. P. , on the other hand, on referring the case of B. Beher v. Smt. P. Beher, reported in 1999 Cr. LJ 1085 (Ori.) contended that there was nothing wrong in enhancing the maintenance from the date of application and that the amount of rs. 1000/- p. m. so granted in favour of the wife as against her claim for rs. 1200/- p. m. is too meager now-a-days to support oneself.

( 7 ) THE word "maintenance" which should not be narrowly interpreted, means the most reasonable requirement for the existence of a person to live separate, and accordingly the expenditure, broadly speaking, not only includes on food, clothing and residence but also medical expenses. The concept of providing a wife merely with food, clothing and lodging as if he is only a chattel and has to depend on the sweet-will and mercy of the husband has now become completely outdated and absolutely archaic, as was observed in the case of sirajmohamed Khan v. H. Yasinkhan. reported in 1981 Cr. LJ 1430 (SC ). "change in the circumstances" is the sine qua non for application of the provision of section 127 Cr. PC. Rise in the cost of living, increase of earning of the husband etc. fall under the purview of change in the circumstances. While determining the amount of maintenance, not only the earning but also paying capacity of the husband should be considered.

( 8 ) HERE, O. P. W. 2 who has since been absorbed as a permanent employee in the Eastern Railway in 1991 contended that he has to maintain his mot

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