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1 - 7 of 7 (0.26 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 8 in The Indian Penal Code, 1860 [Entire Act]
T.P.S.H. Selva Saroja vs T.P.S.H. Sasinathana on 23 March, 1989
10. In view of above, it is clear that the petitioner- mother would be liable to pay maintenance under Section 125(1) (b) of the Code of Criminal Procedure. She cannot escape liability to pay maintenance simply because in Clause (b) of Section 125 (1) of Cr.P.C. word 'his' has been used. The case of T.P.S.H. Salva Saroja (supra) relied upon by the learned counsel for the petitioner would be of no assistance to her as the facts thereof and the matter of consideration has no bearing to the facts of the present case. In the said case the daughter had claimed maintenance against the mother on the ground that the movement of her mother with another person had caused damage to the reputation of her family, and had also caused injury in the mind of the daughter. It was held therein that the said injury to the mind of the daughter could not come within the scope of injury contemplated under Section 125 (1) (c) of Cr.P.C., and, therefore, it was held that the daughter would not be entitled to invoke the provisions of Section 125 of Cr.P.C., to claim maintenance from her mother. However, the question involved and decided in that case do not relate to and cannot be of any assistance to decide the present case.
The General Clauses Act, 1897
The Indian Penal Code, 1860
Dr. Mrs. Vijaya Manohar Arbat vs Kashirao Rajaram Sawai And Another on 11 October, 1985
In the above connection reference may be made to Dr. Mrs. Vijaya Manohar Arbat v. Kashirao Rajaram Sawai and Anr. (AIR 1987 SC 1100) wherein a similar contention with reference to Section 125 (1) (d) was raised. It was held therein that the pronoun 'his' occurring in the said provision denotes also a female in view of the provisions of Indian Penal Code, as well as the General Clauses Act. Accordingly, it was ruled that a daughter would also be liable to pay maintenance to the parents, if the Court is satisfied that she has sufficient means and has her own income, and that the father or the mother as the case may be, is unable to maintain himself or herself.
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