Sec 125 CRPC | Major Son Or Daughter Not Entitled To Maintenance, Except When A Statute Or Personal Law Comes To Aid: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that a major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers under Section 125 of CR.P.C but in an appropriate case, a Family Court has jurisdiction to grant maintenance to a major Hindu daughter on the basis of a combined reading of the provisions contained in Section 125 of the Cr. The observation came from Justice Sanjay Dhar while hearing a plea wherein the petitioner had invoked the jurisdiction of the court under Section 482 CrPC challenging order passed by learned Judicial Magistrate, 1st Class Srinagar, whereby application of the petitioner seeking cancellation of maintenance order granted in favour of the respondents has been dismissed. as well as the suit under Section 20 of Hindu Adoption and Maintenance Act 1956, in such eventuality, Family Court can exercise jurisdiction under both the Acts and in an appropriate case can grant maintenance to unmarried daughter even though she has become major enforcing her right under Section 20 of Act, 1956 so as to avoid multiplicity of proceedings. The learned trial Magistrate, as such, did not have jurisdiction to award maintenance in favour of the respondents beyond their age of majority and hence the order passed by the learned trial Magistrate dismissing the application of the petitioner for cancellation of order of maintenance is, therefore, without jurisdiction, the bench explained.