Maintenance to Child -- Major Son with Physical Disability -- Father remains liable to maintain son after majority
(i) Criminal Procedure Code, 1973, S.125(1)(c) -- Maintenance to Child -- Major Son with Physical Disability -- Liability of father to pay maintenance does not end on child attaining majority where child has severe disability and cannot maintain himself -- Fresh original proceeding is not needed -- Continuing disability of 70% to 75% is a material change in circumstances, and allowance can be continued under Section 127. (ii) Criminal Procedure Code, 1973, S.127 -- Maintenance to Child -- Vocational Training and Mobility of Disabled Major Son -- Technical qualification or ability to walk without help does not prove employability or self-sufficiency -- Modification or cancellation of allowance needs proof of actual gainful employment and financial independence -- Assumptions are not enough. (iii) Criminal Procedure Code, 1973, S.127 -- Maintenance to Child -- Application by Mother for Disabled Major Son -- Parent or close relative may act as next friend of disabled adult child and pursue the application -- Objection on locus standi based on majority of son is a procedural technicality and fails. (iv) Criminal Procedure Code, 1973, S.127 -- Maintenance to Child -- Absence of Asset Affidavits -- Guidelines on disclosure affidavits of assets and liabilities apply to contested proceedings where quantum is decided afresh -- They do not apply to interlocutory order on maintainability where the existing allowance is not sought to be increased.
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