The term 'child' under S.488, Crl. P. C. refers only to a minor, and the burden of proof lies on the claimant to demonstrate their incapacity for self-maintenance.

1. The only question raised in this petition is whether the word 'child' under S.488, Crl. P. C., can apply to a person who has already attained the age of majority. The learned First Class Magistrate, Ernakulam disallowed the claim for maintenance to the petitioner who is aged 22 years. According to the petitioner's learned counsel the word 'child' is not confined to minors, but the word is synonymous with sons or daughters of whatever age and that so long as that person was unable to maintain himself or herself, he or she would be entitled to maintenance. It was pointed out that the reference to age has been purposely omitted in the section.

2. The decisions are not uniform. In W.L. Faria v. Anita Merlene Faria [AIR. 1951 Cal. 66] it was held that:

"The word "child" in S.488 (1) has been used simply to mean the son or the daughter without reference to the age. The deciding consideration is whether the child is or is not able to maintain himself or herself."

Sm. Purnasashi Devi v. Nagendra Nath Bhattacharjee (AIR. 1950 Cal. 465; also took the same view.

3. But in an earlier Calcutta Case in Hemanta Kumar Banerjee v. Manorama Debi (AIR. 1935 Cal. 488) it was observed:

"The word 'child' has not been defined in the Criminal Procedure Code. In the absence of any statutory definition or anything to the contrary to the Act, "child" is a person who is incompetent to enter into any contract or to enforce any claim under the law. Under the Majority Act, a person who has not attained the age of majority, that is 18, is incompetent to contract and is therefore a child within the meaning of S.488, Crl. P.C."

4. The next case referred to by the learned counsel for the petitioner is the case in Shaikh Ahmad Shaikh Mahommed Ashraf v. Bai Fatma [AIR. 1943 Bom. 4.8) where the question for decision was whether a daughter aged 21 was entitled to maintenance and whether S.488 is confined to minors only. It was held that:

"In S.488 Crl. P. C. the word 'child' is used with reference to the father. There is no qualification of age; the only qualification is that the child must be unable to maintain itself. Hence S.488 is not confined to children who are under the age of majority".

5. But in a later decision of the same High Court in Ranchhoddas Narottamdas v. Emperor [AIR. 1949 Bom. 36], this view was not accepted. Their Lordships preferred to follow the view enunciated in AIR. 1935 Cal. 488 and stated that a person should be "said to be a child till be or she attains majority.

6. Another case relied on by the petitioner is the decision in State v. Ishwarlal (AIR. 1950 Nag. 231), which has followed AIR. 1943 Bom. 48.

7. On the other hand the Madras High Court in an early decision in A. Krishnaswamy Iyer v. Chandravadhana (AIR. 1914 Mad. 594) in awarding maintenance to a daughter aged 17 observed as follows:

"The word 'child' has not been defined in the Criminal Procedure Code. In England it has got apparently various statutory definitions. But in the absence of any definition or anything to the contrary in an Act, I am of opinion that a "child" is a person, who has not reached full age. It is only then that she becomes competent to enter into any contract or enforce her claims. As this daughter has not attained the age of majority, i. e., 18, I think she is a "child" within the section".

8. In a later case in T. Kanniah Naidu v. Rajammal (AIR 1941 Mad. 685) Lakshmana Rao, J., in a short judgment without any discussion and without referring to the earlier decisions held that S.488 does not limit the right of maintenance to minors and that the age of the girl is therefore immaterial.

9. The same question again came up in Jambapuram Subbamma v. Jambapuram Venkata Reddi (AIR. 1950 Mad. 394) where Panchapakesa Ayyar, J., had occasion to consider the claim for maintenance for a boy aged 18 and it was held that:

"The 'child' under S.488 means a minor, whether under the Majority Act or the Court of Wards Act or the Guardians and Wards Act and not simply prog