A KRISHNASWAMI AYYAR Vs. CHANDRAVADANA

JUDGEMENT

(1.) An order was passed under Section 488, Criminal Procedure Code, directing the petitioner to pay to each of his illegitimate daughters maintenance at the rate of Rs. 7 (seven) a month. He now applies for an alteration of such allowance on account of a change in his and their circumstances.

(2.) The petitioner is a pleader and he alleges that his income has been considerably reduced of late. The Magistrate finds that his income might be fluctuating but there has not been such a change as would justify a reduction in the rate of maintenance awarded. In revision I cannot interfere with that finding.

(3.) The eldest daughter is now said to be 17 years old, and it is urged that she is no longer a "child unable to maintain itself" under Section 488. The word "child" has not been defined in the Criminal Procedure Code. In England it has got apparently various statutory definitions. But in the absence of any definition or anything to the contrary in an Act, I am of opinion that a "child" is a person who has not reached full age. It is only then that she becomes competent to enter into any contract or enforce her claims; as this daughter has not attained the age of majrity, i.e., 18, I think she is a "child" within the section.