PRAYAGRAJ: While dealing with a case involving child marriage and a maintenance claim against a minor husband, the Allahabad high court has held that application under sections 125 and 128 criminal procedure code (CrPC) seeking maintenance against minor husband are maintainable. While upholding the decision of the family court for maintenance against the minor husband, the HC, however, reduced the amount of maintenance. While partly allowing a revision petition filed by Abhishek Singh Chauhan, Justice Madan Pal Singh in an order delivered on September 25 held that “There is no bar in entertainment of application under sections 125 and 128 CrPC filed against a minor.” According to the counsel for the petitioner, the husband was 13 years old when he was married and two years later, a child was born to the couple. When the husband was about 16 years old, an application under section 125 CrPC was filed by the wife seeking maintenance from him. The additional principal judge, family court, Bareilly granted maintenance of Rs 5000 per month for the wife and Rs 4000 per month for the child. During the court proceedings, while challenging the order of the additional principal judge, family court, Bareilly, the counsel for revisionist pleaded that since the revisionist was a minor, no application under section 125 could be filed against him. It could only be filed through his guardian. It was also pleaded that since the wife had refused to live with the revisionist without reasonable cause, she is not entitled to maintenance as per section 125(4). The court observed that Chapter IX of the CrPC did not provide that applications against minors must be filed through their guardians. It observed that section 125 CrPC provides that any person with means who refuses to maintain his wife, child (legitimate/ illegitimate) can move an application before the magistrate, who upon consideration of facts shall award a sum. The court held that there is no bar regarding applications under section 125 or section 128 on seeking maintenance from minors. While hearing the case, the bench observed, “This court has also room to doubt that a minor person himself is dependent upon his parents, and in any case, it cannot be presumed that he has sufficient means to maintain himself. However, as and when he attains the age of majority, he has to bear his responsibility.” The court, however, reduced the maintenance amount to Rs 2500 for the wife and Rs. 2000 for the child, i.e., total Rs. 4500, which is 25% of his income.