- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1740 OF 2008 WRIT PETITION NO.1740 OF 2008 WRIT PETITION NO.1740 OF 2008 Chitribina Anil Ubale and another ...Petitioners vs. Dr.Anil Pandurang Ubale & Anr. ...Respondents Mr.Pritesh Borhade i/b Mr.Tushar Sonawane for the applicants Mr.R.M.Nakhawa A.P.P. for State Mr.Vinod Wagh i/b Premnath Pawar for Respondent no.1 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 20,2009 : APRIL 20,2009 : APRIL 20,2009 P.C.: P.C.: P.C.: 1. Heard submissions of the learned counsel for the parties. The petitioners filed application under section 125 of the Code of Criminal Procedure,1973. The respective ages of the petitioners as shown in the application were 21, 20, and 17 respectively. The learned Magistrate allowed the said application directing the first respondent-father to pay monthly allowance of Rs.1500/- to the petitioners. A revision application was filed by the first respondent for challenging the said order. The revision application has been partly allowed by the impugned order by the Sessions Court by setting aside the order granting maintenance to 1st and 2nd petitioners on the ground that when the application for maintenance was filed they had attained majority. The learned Judge directed that the impugned order will continue to operate till 3rd petitioner attains majority. 2. The learned counsel for the petitioner has placed reliance - 2 - on the clause (c) of the sub section 1 of section 125 of the said Code. His submission is that clause (c) has to be given a wider interpretation and if legitimate or illegitimate child is unable to maintain itself, it is the obligation of the father to maintain such child. 3. I have considered the submissions. Clause (b) of sub section 1 of section 125 refers to legitimate or illegitimate minor child whether married or not. Such minor child is entitled to maintenance. On plain reading of clause (c), legitimate or illegitimate child who has attained majority will be entitled to seek maintenance under sub section 1 of section 125 of the said Code only when said child by reason of any physical or mental abnormality or injury is unable to maintain itself. The said clause cannot be widely interpreted and include a child who has attained majority and who is not suffering from mental abnormality or injury but was not possessing sufficient means to take education. 4. The view taken by the Sessions Court is therefore proper and legal. No interference is called for. 5. Petition is rejected. However, it is made clear that remedies of the petitioners to seek appropriate relief against the first respondent under the appropriate provisions of law are expressly kept open. - 3 - JUDGE JUDGE JUDGE