Law: Criminal Procedure Code (V of 1898)

Section: 488

(a) Criminal Procedure Code (V of 1898), S. 488---Word "child"---Means offspring of person whether major or minor--- Maintenance to be granted where child unable to maintain itself either on account of minority or being engaged in receiving education--Father held responsible to maintain daughter aged 23 years studying in College[Sarswati v. Madhavan A I R 1961 Kerala 297 dissented from].   Sarswati v. 'Madhavan A I R 1961 Kerala 297 dissented from.   Ghulam Hussain v. Muhammad Aslam P L D 1961 Lab. 733 and Mst. Sughara Begum v. Mian Ahmad Din P L D 1957 Lab. 441 ref.   (b) Criminal Procedure Code (V of 1898),   S. 488-Word "maintenance"-Includes cost of living as well as education ---[Shanno Devi v. Dia Ram A I R 1933 Lah. 1026 dissented from].   Date of haring: 7th December 1964.     JUDGMENT   Mst. Ismat Ara, Zahida, Yasmin Akhtar, three daughters, and Nasim and Salim, two sons of Mr. Ferozeuddin Vehra, were awarded maintenance under section 488, Cr. P. C. by Mr. Mahmood Khan, Magistrate, 1st Class, Lahore, by leis order dated. the 19th of December 1962. The mother of the children was also awarded maintenance. The learned Magistrate directed that Rs. 150 per month be paid to the children for their education and Rs. 200 be paid to all the petitioners for their maintenance.   The parties went up in revisions before the learned Additional Sessions Judge which were dismissed. Mr. Feroze Din Vehra filed a revision petition in the High Court as well which was dismissed in limine by my order dated the 27th of June 1963. Mst. Wazir Begum petitioner has filed this revision petition and she has asked for the following relief:-   That the learned Magistrate should have awarded maintenance from the date of theapplication.   That Mst. Parveen Akhtar, one of the petitioners was accidentally ignored by thelearned Magistrate and no maintenance had been awarded to her, she may be awarded maintenance.   That the amount of maintenance should be divided amongst the children and themother so that if any one of them is ever disentitled to receive the maintenance it may be separately known as to how…