Andhra Pradesh Court March 1950 Judgments

Syed Abdul Karim Vs. Fatima-unnisa Begum

Court: Andhra Pradesh

Reported in: 1951CriLJ208

ORDER1. Vakils for the parties were heard. A point of law in this case has been referred to us by a single Judge of the High Court, The point is, whether the word 'child' used in Section 411, Hyderabad Criminal P.C., this Section being equivalent to Section 488, Indian Criminal P.C. does not cover the ease of a daughter of 19 years so as to preclude her from suing her father for maintenance under the section. There are conflicting decisions on this point, which has been mentioned by the Hon'ble Judge in his reference. The first is reported in 36 Deccan Law Report 169, in which it is held that 'child' means one who is a minor, and the other is in 29 Deccan Law Report 244. where it is held that 'child' means son or daughter and such parson need not be minor. In the latter judgment, emphasis is laid on the words 'unable to maintain itself.' I agree with this latter authority and hold that the word 'child' as used in Section 411 of the Code means son or daughter and such person need not ne...