The Family Court has jurisdiction to decide cases under both Section 125 of Cr.P.C. and Section 20 of the Hindu Adoption and Maintenance Act, 1956, and can grant maintenance to an unmarried major daughter under Section 20 of the Hindu Adoption and Maintenance Act, 1956 to avoid multiplicity of proceedings.

JUDGMENT

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the Order dated 24.11.2021 made in MP.No.673 of 2021 in M.C.No.223 of 2021 on the file of the V Additional Family Court, Chennai, set aside the same.)

1. This criminal original petition has been filed praying to set aside the order dated 24.11.2021 made in MP.No.673 of 2021 in M.C.No.223 of 2021 on the file of the V Additional Family Court, Chennai.

2. The petitioner got married to the second respondent on 13.01.1991. Due to their wedlock, they gave birth to a female child, the first respondent herein on 25.01.1993. The petitioner is a doctor by profession and he is holding the post of Head of the Department of Transfusion Medicine, Government Stanley Hospital, Chennai. Due to misunderstanding between the petitioner and the second respondent, they got separated. The second respondent initiated criminal proceedings in CC.No.3521 of 2012 for the offence under Section 498A, 406 and 506(ii) of IPC and the same ended in acquittal by the judgment dated 27.05.2013 on the file of the learned X Judicial Magistrate, Egmore, Chennai. Thereafter, they again reunited to protect the interest of their children. After birth of the first respondent, they also gave birth to one son. Now he is employed in a private concern at Chennai. The petitioner only admitted the first respondent for MBBS course in Saveetha Medical College in Chennai under self financing scheme. The tuition fees along with her transportation charges comes to Rs.22,47,500/- per year. The petitioner has paid her fees for the past three years. Now she is doing her fourth year MBBS course. Due to harassment, the second respondent filed complaint under Domestic Violence Act in DVC.No.82 of 2021 and it is pending on the file of the Additional Mahila Court, Egmore, Chennai. In the meanwhile, the petitioner filed petition for divorce on the ground of cruelty in OP.No.1927 of 2021 on the file of the V Additional Family Court, Chennai and it is pending.

2.1 Thereafter, the second respondent also lodged another complaint on the file of the Inspector of Police, W9 All Women Police Station, Villivakkam, Chennai and the same was registered in crime No.6 of 2021 for the offence under Section 498A, 294(b), 506(i) of IPC as against the petitioner and other relatives. While being so, the respondents filed petition for maintenance in MC.No.223 of 2021 on the file of the V Additional Family Court, Chennai for maintenance under Section 125 of Cr.P.C. They also filed petition in MP.No.673 of 2021 for interim maintenance and prayed to pay a sum of Rs.22,47,500/- being college fees of the first respondent herein for the academic year 2021-22. It was allowed by order dated 24.11.2021 and directed the petitioner to pay the said sum being college fees to the first respondent herein.

3. The learned counsel for the petitioner would submit that the first respondent is not at all eligible to seek maintenance under Section 125 of Cr.P.C., since already she attained majority and as such she is not entitled for any maintenance under Section 125 of Cr.P.C. Though the first respondent is entitled for maintenance under Section 20 (3) of the Hindu Adoption and Maintenance Act, 1956, the maintenance petition filed under Section 125 of Cr.P.C. is not at all maintainable. The court below failed to give any opportunity to the petitioner when the court below passed order by invoking provision under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956. The court below while exercising power under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956, the petitioner has been devoid of an opportunity would resist the claim made by the first respondent herein without benefit of trial and examination of witnesses passed order.

3.1 The learned counsel for the petitioner also relied upon the judgment in the case of Abhilasha Vs. Parkash & Others reported in 2020 AIR (SC) 4355, in which it is he