Major Son Pursuing Studies Not Entitled To Maintenance Under Section 125 CrPC: Gauhati High Court

The Gauhati High Court has held that maintenance under Section 125(1) CrPC cannot be granted to a son who has attained the age of majority, merely on the ground that he is pursuing his studies, as the statute itself restricts such entitlement till majority, except in cases covered by clause (c).Justice Sanjeev Kumar Sharma, pressing over the case, observed, “From the above clause (b) of Section 125(1) CrPC, it is abundantly clear that the statute has curtailed the period of maintenance to the child till he or she attains majority, whereas clause (c) thereof stipulates that such maintenance can be granted, even after attainment of majority when the child, not being a married daughter, by reason of any physical or mental abnormality or injury, is unable to maintain itself.”“In the respectful view of this Court, the High Court in exercise of its revisional jurisdiction cannot issue a direction that is plainly contrary to law, even for the purpose of advancing the object of the statute, which is prevention of destitution and vagrancy. In fact, the intent of the legislature while enacting Section 125(1) Cr.PC is quite clear in that the benefit of the said section has been expressly restricted till attainment of the age of majority by the child,” Justice Sharma further held.The case arose from an order passed by the Family Court granting maintenance to the petitioner-wife and her three children, but restricting maintenance to the younger son only till he attained majority. The petitioner challenged this, seeking extension of maintenance for the son till completion of his graduation or until he started earning, and also sought enhancement of the maintenance amount.The petitioner contended that the son, though having attained majority, was still a student pursuing graduation.The High Court, however, rejected this contention, while noting that the son had attained majority in 2021 and held that there was no entitlement to maintenance beyond that stage under Section 125(1) CrPC. The Court stated, “…there arises no question of enhancing the monthly maintenance to Rs. 15,000/- or any other amount, since the said son of the petitioner has been a major for the last five years and hence, not entitled to maintenance otherwise in view of clause (b) of Section 125(1) CrPC.”Finding no merit in the plea, the Court dismissed the criminal revision petition.Case Name: Smti. Boby Das v. Sri Kantiram DasCase Number: Crl. Rev. P./234/2025 Click here to read the judgment

Major Son Pursuing Studies Not Entitled To Maintenance Under Section 125 CrPC: Gauhati High Court

Bhavya Singh

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