A major child can claim maintenance under Section 125 Cr.P.C. only if it is unable to maintain itself by reason of any physical or mental abnormality or injury. The 'injury' mentioned in Section 125(1)(c) Cr.P.C. should be read in the context of inability to maintain and does not require reference to the definition of injury in the Indian Penal Code.

1. The petitioner is the mother of the respondent. The petitioner's husband, T.P.S. Hariram Sait, who is the father of the respondent, died necessitating the petitioner taking over as Managing Director of M/s. T.P. Sokkalal Beedi Factory Private Limited, Tirunelvelli. The petitioner and late T.P.S. Hariram Sait have five children born out of the wedlock of whom the respondent is a daughter, aged about 31 years.

2. The death of the respondent's father appears to be when she was small child. The petitioner brought up the respondent and the respondent studied up to 10th Standard. Consequent to the status of the petitioner's family the daughter of the respondent was brought up in comfort.

3. Due to certain misunderstandings between the mother and the daughter, the respondent is now living away from the petitioner for over two years. The respondent has chosen to file a petition under S. 125 Cr.P.C., before the Chief Judicial Magistrate, Tirunelveli in M.C. No. 79 of 1988 claiming maintenance for herself from her mother.

4. The averments in the petition for maintenance indicate that one Thomas Fernando, a chartered accountant, often visited the family house and moved very closely with the petitioner. It is also averred that the said Thomas Fernando interfered with the family affairs which was not to the liking of the respondent. Thus the respondent objected to such interference, it is her case that she was ill-treated. Further, the respondent was driven out of the house since she was deemed to be a hindrance to the close relationship between the petitioner and the said Thomas Fernando. The respondent claims that the movements between Thomas Fernando and the petitioner had caused great damage to the reputation of the family of the respondent and has also caused injury for her mind. The respondent states that she has no source of income and she has been suffering for her livelihood and clothing, by staying separately for over two years. She requires in her estimate Rs. 500/- per month to maintain herself. It is also her grievance that though the petitioner is getting sufficient income she is not maintaining the respondent, who is admittedly aged 31 years, though unmarried.

5. The petitioner seeks to invoke the inherent powers under S. 482 Cr.P.C., to quash the proceedings in M.O. No. 79 of 1988 on the file of the Chief Judicial Magistrate, Tirunelveli on the ground that S. 125 Cr.P.C. will not take within its fold award of maintenance to a daughter, who had attained majority and who does not suffer from any physical or mental abnormality or injury by reason of which she was not able to maintain herself. The proceedings in the trial court are challenged as ab initio void and without jurisdiction necessitating striking down.

6. Mr. I. Subramaniam, learned counsel for the petitioner, in the context of S. 125(1)(c) Cr.P.C., would contend that a child, who had attained majority (not being a married daughter) can claim maintenance only if it is unable to maintain itself by reason of any physical or mental abnormality or injury. If the respondent will not come within this category, the remedy for her will not be under S. 125 Cr.P.C., but could be only in the civil court. He has brought to my notice similar provisions in the Code of Criminal Procedure, 1898 when S. 488 Cr.P.C., was the corresponding section. S. 488(1) read as under :

"If any person having sufficient means, neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain, itself, the District Magistrate, a Presidency Magistrate, a Sub-Divisional Magistrate or a Magistrate of the Ist Class, may, upon proof of such neglect or refusal order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate, not exceeding Rs. 500/- in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate from time to time directs".

Section 125(1) Cr.P.C. reads as hereunder :

"Order for