Monthly Maintenance To Minor Cannot Be Deposited In Bank Account With A Direction For Disbursement On Attainment Of Majority: Kerala High Court

A Single Bench of Justice Mary Joseph issued the direction while hearing a plea by the minor's mother against Family Court's directions whereby the maintenance allowance was to be deposited in a SB account instead of being given to her mothers and given to the minor by the bank authorities on attainment of majority. Instead, the Court permitted the mother to receive the monthly maintenance allowance ordered in favour of the minor girl and ensure that it is utilised only for the benefit and welfare of the minor.

"The impugned order to the extent it directs the husband to open SB Account in the name of the minor in a Nationalised Bank and to deposit the monthly maintenance allowance in the minor's favour in that account and to the bank authorities to disburse the amount in deposit on attainment of the age of majority by the minor girl or on the basis of an order passed by the court directing the release of the amount in the minor's favour, suffers from illegality, impropriety and infirmity."- the Court observed.

The High Court has held that the Trial Court was unjustified in allowing the father to deposit amount of maintenance directly in SB account in name of the minor child itself that she would receive once she attains majority.

The Court observed that the monthly allowance is meant to be disbursed to the person who has claimed it and found by the court entitled to, solely to meet the expenditures in a month, and if such maintenance allowance is ordered to be deposited, the daily sustenance of the party in whose favour it was ordered would be in peril. It was observed that if the monthly maintenance allowance is ordered to be deposited, it would defeat the very purpose intended by the parliament while incorporating Section 125 in the Code of Criminal Procedure.

Elaborating on the object of Section 125 Cr.P.C, the Court stated that the maintenance allowance is meant to be released to the party or to the next friend, in case the party is a minor. The term monthly maintenance allowance itself indicate that it is an allowance ordered to the claimant so as to enable him/her to meet the expenditures incurred monthly towards food, clothing, shelter and education.

Further , it observed that the provision of maintenance under section 125 of the Code of Criminal Procedure empowered to fix the maintenance allowance at the monthly rate and to pay the same to the wife, children or parents upon proof by them of the neglect or refusal by a person responsible to pay it and having the status with reference to them respectively as husband, father or son. The provision itself contemplates a consequent event, which would have the impact of placing any the persons entitled to get the maintenance allowance in a pedestal when they would be self sufficient to maintain themselves , and the entitlement can be taken away by the court.

The High Court also found that the husband failed to establish his allegations against the wife regarding her remarriage and housing of the minor girl child in an Yatheemghana and failed to adduce any evidence to establish that the expenditures of the minor girl were met with by authorities of the Yatheemghana itself.

Facts

The subject matter of the current case is maintenance awarded to a minor girl by the Family Court. The Family Court Kozhikode had passed an order in 2012 granting maintenance allowance at the rate of Rs.1,500/- per month to a minor girl namely Fathima Fida by her father. This award was challenged by the father through in 2016 contending that the minor girl was put by her mother in an Yatheemghana namely 'Kuttikkattoor Muslim Yatheemghana' and her expenditures including food, dress, treatment and education were met with by the authorities of that institution. He had argued that the mother has remarried and was utilising the monthly maintenance allowance ordered in favour of the minor child for her own personal needs and thereby defeating the purpose intended to be achieved by Section 125 Cr.P.C .

However according to the minor's mother, the minor girl was admitted by her in 'Darul Qur' anil Kareem which is only a residential school meant for imparting education to children and the fee and other expenses of the minor girl are paid by herself.

In response to the father's petition challenging the award maintenance, the Family Court declined to cancel the order but asked the mother to open S/B Account in a Nationalised Bank in the name of the minor child Fathima Fida and intimate the father regarding the same in a month. The father was asked to deposit maintenance allowance in the account and can discharge his liabilities.

The Court also directed the bank authorities to pay the amount deposited in the accommodation to the child after attaining majority or on getting order from this court before attaining majority. The mother of the minor daughter then filed a revision petition before the High Court being aggrieved by directions of the family court.

Advocate BH Mansoor appeared for the Petitioner.