01 Sep 2026 12:53 PM

Maintenance to Child -- Attainment of Majority by Child with Disability -- Maintenance does not automatically cease on attaining majority where child suffers physical or mental disability

Criminal Procedure Code, 1973, S.125 -- Maintenance to Child -- Attainment of Majority by Child with Disability -- Attainment of majority by itself does not result in automatic cessation of right to receive maintenance where the child suffers a physical or mental abnormality or disability and is unable to maintain himself. The relevant consideration is whether, after attaining majority, the child is capable of maintaining himself and earning his livelihood, and not age alone. Maintenance continues unless it is established before the Family Court, on cogent evidence, that the child has become capable of maintaining himself.

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