Bombay High Court

GUNVANT VITTHALRAO SURYAWANSHIversusDAULAT GUNVANT SURYAWANSHI AND ANOTHER

Disposal: DISPOSED OFF

Holding

The revision is disposed, directing the applicant to seek appropriate relief under Section 127 of the Code of Criminal Procedure.

Summary

The applicant, Gunvant Vitthalrao Suryawanshi, filed a criminal revision challenging the order of the Additional Sessions Judge which dismissed his appeal and confirmed a maintenance order of Rs 1,000 per month granted by a village magistrate to his son, who was then a minor. The respondent argued that the son, Daulat, has now attained majority, and therefore the maintenance should be sought under Section 127 of the Code of Criminal Procedure. The Court examined the orders and noted that the maintenance was originally directed to a minor and, now that the beneficiary is an adult, the appropriate remedy is an application under Section 127. Consequently, the Court disposed of the revision, granting the applicant liberty to approach the Judicial Magistrate of First Class under the said provision. The order emphasizes procedural compliance rather than altering the maintenance amount.

Issues considered

Whether a maintenance order granted to a minor can continue after the minor attains majority without filing an application under Section 127 CrPC.

Legislation cited

Code of Criminal Procedure, 1973 — s. 127

Subjects

maintenance
minority
majority
Section 127
Criminal Revision
CrPC

Judgment

2026:BHC-AUG:38598


                                                *1*                      926rev251o25


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 251 OF 2025
                         GUNVANT VITTHALRAO SURYAWANSHI
                                            VERSUS
                    DAULAT GUNVANT SURYAWANSHI AND ANOTHER
                                                ...
                Ms. Ashwini R. Mate, advocate h/f Ms. Mhase Madhaveshwari
                S., Advocate for the Applicant.
                Shri Vibhute Vinod M., advocate for respondent Nos.1 and 2.
                                                ...

                                   CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 25 August 2026
                P. C. :-

                1.           Heard.


                2.           The applicant is challenging the impugned order

                dated 26.03.2025 passed by the learned Additional Sessions

                Judge, Nilanga, in Criminal Appeal No.2/2022 whereby, the said

                appeal came to be dismissed and the order dated 13.01.2021

                passed by the learned Magistrate, Village Court, Shiruranantpal

                granting maintenance of Rs.1000/- per month to the son of

                applicant No.2 i.e. applicant No.1 (Daulat), came to be

                confirmed.


                3.           Learned advocate for the respondents points out that

                now respondent No.1 (Daulat) has attained majority. As such, it
                                       *2*                      926rev251o25


      is necessary to file an application under Section 127 of the Code

      of Criminal Procedure before the learned Magistrate. Learned

      advocate further submits that since the amount is directed to be

      paid towards maintenance is very meager amount and therefore,

      said exercise of paying maintenance shall be continued till the

      application under Section 127 is decided by the learned

      Magistrate.


      4.             On perusal of the impugned orders, it is disclosed

      that the amount of maintenance of Rs.1000/- per month is

      directed to be paid to the son, who was minor at the relevant

      time. However, as pointed out to this Court that the said minor

      son has attained majority, it would be appropriate for the

      applicant to approach before the learned Magistrate under

      Section 127.


      5.             In view of the above, the instant Criminal Revision

      Application is disposed of with liberty to the applicant to

      approach the learned JMFC under Section 127 of the Code of

      Criminal Procedure.


kps                              ( SUSHIL M. GHODESWAR, J. )

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