T.P.S.H. Selva Saroja v. T.P.S.H. Sasinathan (1989) Cri LJ 2032
Easy English explainer for students and young lawyers.
Quick Summary
An adult, unmarried daughter asked for maintenance from her mother under Section 125 of the Code of Criminal Procedure. The Madras High Court held that Section 125(1)(c) allows maintenance to a major child only when the child cannot maintain herself because of a physical or mental abnormality or an injury. Since the daughter did not have such a condition, she could not claim maintenance from her mother. The petition was allowed and the Magistrate’s proceedings were quashed.
Issues
- Is a mother legally responsible to maintain her adult, unmarried daughter who has no disability?
Rules
Section 125(1)(c) CrPC: A child who has attained majority (and is not a married daughter) may claim maintenance only if the child is unable to maintain herself or himself because of any physical or mental abnormality or injury.
Facts (Timeline)
The mother (petitioner) and daughter (respondent, ~31 years) fell out and lived separately for almost two years.
Father had died earlier; mother took charge as Managing Director of M/s. T.P. Sokkalal Beedi Factory Pvt. Ltd., Tirunelveli.
Dispute grew when the mother’s close association with a chartered accountant, Thomas Fernando, upset the daughter, who objected to his interference.
The daughter alleged ill-treatment and being driven out; she claimed she had no income and sought maintenance from her mother before the Chief Judicial Magistrate.
The mother argued that under Section 125(1)(c) CrPC, an adult, unmarried daughter can claim maintenance only if she cannot maintain herself due to a disability or injury.
Arguments
Appellant / Petitioner (Mother)
- Section 125(1)(c) restricts maintenance for major children to cases of disability or injury.
- The daughter is an adult without any physical or mental abnormality.
- Therefore, no legal duty arises to pay maintenance.
Respondent (Daughter)
- She had no independent income and was living separately.
- Alleged interference by Thomas Fernando led to ill-treatment.
- Sought support for basic livelihood and clothing.
Judgment
The Madras High Court allowed the petition. It held that the term “injury” in Section 125(1)(c) must be read with the phrase “inability to maintain” and does not need the Penal Code definition. As the daughter was a major without any qualifying disability or injury, she could not invoke Section 125 to claim maintenance from her mother. The proceedings before the Chief Judicial Magistrate, Tirunelveli, were quashed. Petition allowed
Ratio
For a major child (not a married daughter), maintenance under Section 125(1)(c) CrPC is available only when the child is unable to maintain herself due to a physical or mental abnormality or injury. Mere financial need, without such a condition, does not trigger the statutory duty.
Why It Matters
- Clarifies the narrow scope of maintenance for major children under Section 125 CrPC.
- Guides Magistrates on interpreting “injury” contextually, not via IPC definition.
- Helps families understand when legal maintenance rights do and do not apply.
Key Takeaways
- Adult, unmarried daughters need a qualifying disability or injury to claim maintenance under Section 125(1)(c).
- “Injury” is read with “inability to maintain,” not by the IPC definition.
- Absence of income alone is insufficient for a claim against a parent under this clause.
Mnemonic + 3-Step Hook
Mnemonic: “Major? Mind or Malady.”
- Major: The child is above 18.
- Mind: Mental abnormality qualifies.
- Malady: Physical injury or abnormality qualifies.
IRAC Outline
Issue
Can an adult, unmarried daughter without disability claim maintenance from her mother under Section 125 CrPC?
Rule
Section 125(1)(c) allows such maintenance only if the major child is unable to maintain herself because of physical or mental abnormality or injury.
Application
The daughter was a major and had no shown abnormality or injury. Therefore, the statutory condition was not met.
Conclusion
No maintenance under Section 125(1)(c). Petition allowed; Magistrate’s proceedings quashed.
Glossary
- Section 125 CrPC
- A summary remedy to prevent destitution by providing maintenance to certain relatives.
- Abnormality or Injury
- A qualifying condition that makes a major child unable to maintain herself or himself.
- Quash
- To set aside or annul legal proceedings.
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