Major son not entitled to maintenance: HC

Representational Pic
Representational Pic

Srinagar, Sept 2: The High Court of J&K and Ladakh on Friday held that a major son is not entitled to maintenance from the father except on account of physical or mental abnormality or injury as a result of which a child is unable to maintain itself.

“A literal interpretation of the provisions contained in Section 488 (1) of the J&K CrPC lead to only one conclusion that a son is entitled to claim maintenance from his father only up to the age of attainment of majority and if he claims maintenance beyond that age, it has to be shown that the son is suffering from any physical or mental disability as a result of which he is unable to maintain himself,” a bench of Justice Sanjay Dhar court said while allowing a plea against a 2018 order by a Judicial Magistrate here. The Magisterate had declined to cancel maintenance of Rs 1200 each to the two sons of the petitioner. The order was later upheld by an Additional Sessions Judge in 2019.

The court also underlined that it was settled principle of interpretation of Statutes that “words and expressions” used in a Statute have to be assigned their plain meaning.

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