Maintenance

yes. Minor can file a petition against even mother also.According to Section 125(l)(d) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance ..

According to Section 125(1)(b) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his legitimate or illegitimate minor child, whether married or not, unable to maintain itself or as per Section 125(1)(c) of the Code, his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of such child, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.

However, the Magistrate may order the father of a minor female child referred to in Section 125(1)(b) to make such allowance, until she attains her majority if the Magistrate is satisfied that the husband of such minor female child if married, is not possessed of sufficient means. Here 'minor' means a person who, under the provisions of the Indian Majority Act, 1875 is deemed not to have attained his majority.

A Muslim minor girl would be entitled to get maintenance from her father even after the enforcement of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The word Child is not defined in the Code. It means a male or female person who has not reached full age, i.e., 18 years as prescribed by the Indian Majority Act, 1875, and who is incompetent to enter into any contract or to enforce any claim under the law.

Regards,

Anaita Vas

Dear all, thank you for your reply. my quiry was:- for the purpose of s.125 cr.p.c.does the definition of the word 'person' include mother of minor child ?