The court emphasized the limited jurisdiction of the court to interfere with legislative policy decisions and highlighted the duty of major children to maintain their parents.

N. Paul Vasantha Kumar, J.

1. This writ petition is filed by the petitioner who is an Advocate, seeking to declare/quash the word " minor child" from Clause (b) of Sub-Section (1) of Section 488 Cr.P.C and explanation defining minor child, by contending that as per the amended provision, on reaching the age of 18 years, the children are not entitled to get maintenance from their parents.

2. According to the petitioner, by the impugned amendment the Legislature has defined the child as minor child, i.e. one who has not attained the majority and as a consequence of the definition, maintenance is stopped at the age of 18 years when they require most as they are mid-way of their studies. The petitioner, who is appearing as a party in person, argued that while interpreting the provisions seeking maintenance by wife and children, those who are unable to maintain themselves irrespective of their age were held entitled by Hon'ble the Supreme Court in the decision reported in AIR 1970 SC 446 (Nanak Chand Vs. Chandra Kishore Aggarwal and ors), and by virtue of this amendment made in the year 1973 the right of the children to seek maintenance as a matter of right has been taken away under Section 125 Cr.P.C which is in pari materia with Section 488 of the Cr.P.C (State Code), hence a declaration or quashment of the amendment restricting the word "minor child" entitled to claim maintenance is sought for.

3. In the objections filed by the State it is stated that petitioner has failed to show as to how the said provision is against the interest of public and in what manner it is in violation of the Constitutional mandate or arbitrary. It is stated that the amended provision is part of welfare legislation which was enacted at the wisdom of legislature. It is also stated that major child is one who does not suffer physically or mentally and is able to maintain himself/herself. It is also mentioned that the major children are bound to maintain their parents who are not possessed of sufficient means and are unable to maintain themselves. Similarly the father and the mother is bound to maintain their children up to the age of 18 years i.e. till they attain the age of majority.

4. The petitioner, who has argued as party in person, submitted that restricting maintenance under section 488 Cr.PC to the minor children is causing lot of difficulties to the children whose father goes for second marriage and they are actually deserting their children from the first marriage and the same has not been considered by the legislature. The second argument of the petitioner is that children beyond the age of 18 years would require support from the parents for education because it is an admitted fact that at the age of 18 years only, the children will be at the thresh hold of their professional courses and support of the parents is very much essential at that stage. The said aspect has not been considered by the legislature, therefore, the said amendment issued is irrational and arbitrary.

5. Mr. D.C. Raina, the learned Advocate General, on the other hand, argued that the legislature has in its wisdom deliberated upon every aspect and considered the fact that on attaining majority, children can go for employment and restricted the statutory right of maintenance to 18 years. The learned Advocate General has also argued that every major child is bound to maintain his or her father or mother or both if they are having no resource. He also contended that it is an accepted position of law of maintenance that if the husband is an able-bodied man and even if he has no income and if the wife is unable to maintain herself, he is bound to give maintenance to his wife. The same principle will apply to children also. The learned Advocate General also argued that Central Cr.PC 1973 also restricts maintenance claim to children upto the age of 18 years and this being the position throughout the country being fixed by the parliament and legislature by way of policy after del