The main legal point established in the judgment is the interpretation of the provisions of section 125(l)(c) of the Code and the rights of unmarried daughters to claim maintenance from their parents.

ORDER :- Heard Shri Saurabh Srivastava, learned counsel for the applicants and Shri Shashi Dhar Tripathi, learned Additional Government Advocate.

2. The applicants who are the wife and daughter of O.P. No. 2 have preferred this application under section 482 Cr. P. C. challenging the order dated 29-11 -2007 whereby the learned Additional Chief Family Court, Kanpur Nagar has modified his order dated 9-5-06 granting maintenance to both the applicants at the rate of Rs. 700 per month in proceedings under section 127 Cr. P.C in Case No. 171 of 2006 and limited the grant of maintenance to his daughter, applicant Akansha till the date she turns major, i.e. till 21-8-06 whilst upholding the grant of maintenance to his wife, applicant Smt. Raj Kumari Awasthi.

3. This part of the order was assailed by the applicants by arguing that under section 127 of the Code, grant of maintenance cannot be denied to an unmarried daughter, who has no source of income whatsoever to maintain herself and who being a student of Class-XII is in dire need of her fathers assistance for her education and upbringing.

4. My attention was however drawn to section 125(l)(c) of the Code, which reads as under :

125. Order for maintenance of wives, children and parents :- (1) If any person having sufficient means neglects or refuses to maintain-

(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."

It is also relevant that under the Code, in view of the Explanation (a) to section 125, a minor is a person who has not attained majority under the Indian Majority Act, 1875.

5. I was extremely disturbed because on a plain reading of the aforesaid provision, it is apparent that a person having sufficient means is only required to maintain his unmarried daughter who has turned major, i.e. after she has crossed the age of eighteen years, only if her inability to maintain herself is due to any physical or mental abnormality or injury, and not otherwise. The position as it stands under this provision is that a college going girl of 18 years, (like the applicant No. 2), who is not yet married, unless she is unable to maintain herself due to any physical or mental abnormality or injury, can be refused maintenance by her father, who is possessed of sufficient means.

6. At the outset I must complement Shri Shashi Dhar Tripathi, learned Additional Government Advocate who was able to ferret out a two Judge decision of the Apex Court Jagdish Jugtawat v. Manju Lata and others, 2002(II) UP Cr, R 313, where in similar circumstances the father had prayed that the girl child be allowed maintenance only till she attains majority and not thereafter. The Magistrate had refused his prayer, and the High Court while accepting the legal position that under section 125 of the Code, a minor is entitled maintenance from her parents only till she attains majority, declined to interfere with the order passed by the family court taking a cue from section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the HAM Act) and upheld the order of the family court with a view to avoid multiplicity of proceedings. The relevant portion of the judgment of the High Court was quoted by the Supreme Court in Jagdish Jugtawat (supra), which was as follows :

"Thus in view of the above, though it cannot be said that the order impugned runs counter to the law laid down by the Honble Supreme Court, the provisions of section 125 Cr. P. C. are applicable irrespective of the personal law and it does not make any distinction whether the daughter claiming maintenance is a Hindu or a Muslim. However, taking an overall view of the matter. I. with all respect to the Honble Court, am of the candid view that the provisions require literal interpretation and a daughter would cease to have the benefit of the provisions under section 125 Cr. P. C. on attaini

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