KURIAN JOSEPH, HARUN-UL-RASHID
Pathummamma @ Pathumma – Appellant
Versus
Cholamarakkar – Respondent
Kurian Joseph, J.
Vagrancy is the fruit of a sin and the sin is capital where the root is the parent. It is this painful thought that lingers in the background while analysing the facts of these cases.
2. One of the main questions arising for consideration is whether legitimate or illegitimate child who has attained majority is entitled to maintenance. There cannot be any dispute that the said question can be tackled only under Section 125 of the Code of Criminal Procedure, 1973.
To the extent relevant, the provision reads as follows:
Section 125: Order for maintenance of wives, children and parents.-
(1) if any person having sufficient means neglects or refuses to maintain –
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order su
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