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T.P.S.H. SELVA SAROJA V. T.P.S.H. SASINATHANA

Selva Saroja v. Sasinathan (1989) Cr LJ 2032

ISSUE:

  • Whether a mother is responsible for maintenance of her daughter who had attained majority and who does not suffer from any physical or mental abnormality or injury because of which she was not able to maintain herself.

RULE:

  • Section 125 of CR.P.C. explains that a child, who had attained majority (not being a married daughter) can claim maintenance only if she is unable to maintain itself because of any physical or mental abnormality or injury.

FACTS:

  • The petitioner is the mother of the respondent. The petitioner’s husband also 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.
  • Due to misunderstandings between the mother and the respondent (31 years) they have been living apart for almost two years.
  • The respondent filed claiming maintenance for herself from her mother before the Chief Judicial Magistrate.
  • The disputes aroused when the petitioner and Thomas Fernando, a chartered accountant, moved closely. Respondent did not like Thomas interfering in their family matter and objected because of his interference she was ill-treated and she was driven out of the house.
  • 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.
  • The petitioners contended that as per S. 125(1)(c) Cr.P.C., a child, who had attained majority (not being a married daughter) can claim maintenance only if it is unable to maintain itself because of any physical or mental abnormality or injury.

HELD:

  • The Madras High court held that the word ‘injury’ used in
    S. 125(1) (c) Cr.P.C. will have to be read in the context of inability to maintain, which does not require recourse to the definition of injury in the Indian Penal Code.
  • That the respondent cannot invoke the provisions of S. 125 Cr.P.C. to claim maintenance from her mother, the petitioner.
  • As the result, the petition is allowed and the proceedings on the file of the Chief Judicial Magistrate, Tirunelvelli are quashed.
  • Petition allowed.