Smti. Boby Das v. Sri Kantiram Das, 2026
It underscores that beneficial legislation cannot be interpreted beyond legislative intent.
Judgement Details
Court
Gauhati High Court
Date of Decision
9 April 2026
Judges
Justice Sanjeev Kumar Sharma
Citation
Acts / Provisions
Facts of the Case
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The case arose from a Family Court order granting maintenance to the wife and her three children.
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The Family Court restricted maintenance for the son only till he attained majority.
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The petitioner (mother) filed a criminal revision petition before the High Court.
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She sought:
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Extension of maintenance for her son until completion of graduation or employment.
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Enhancement of maintenance amount.
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The son had attained majority in 2021 but was still pursuing studies.
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The petitioner argued that since the son was a student and not earning, maintenance should continue.
Issues
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Whether a son who has attained majority is entitled to maintenance under Section 125(1) CrPC on the ground that he is still pursuing education?
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Whether maintenance under Section 125 CrPC can be extended beyond majority in absence of physical or mental disability?
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Whether the High Court in revisional jurisdiction can grant relief contrary to the express provisions of the statute?
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Whether the petitioner is entitled to enhancement of maintenance for a major son?
Judgement
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The High Court dismissed the criminal revision petition.
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It held that Section 125(1)(b) clearly limits maintenance to minor children only.
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The Court emphasized that maintenance beyond majority is allowed only under Section 125(1)(c) in cases of disability.
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It rejected the argument that education alone justifies extension of maintenance.
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The Court held that legislative intent is clear and cannot be expanded by judicial interpretation.
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It observed that courts cannot issue directions contrary to statutory provisions, even to advance beneficial objectives.
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The plea for enhancement of maintenance was also rejected as the son was no longer legally entitled.
Held
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A major son is not entitled to maintenance under Section 125(1)(b) CrPC.
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Maintenance after majority is allowed only in cases of disability under Section 125(1)(c).
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Educational needs alone do not extend entitlement.
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Revision petition dismissed.
Analysis
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The judgment strictly adheres to the plain language rule of statutory interpretation.
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It reinforces the limited scope of Section 125 CrPC, preventing judicial overreach.
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The Court clarified the distinction between minor children and major dependents, ensuring doctrinal clarity.
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It underscores that beneficial legislation cannot be interpreted beyond legislative intent.
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The ruling may appear harsh in practical scenarios but maintains legal certainty and consistency.
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It highlights the need for alternative legal remedies (such as civil claims under personal law) for major children pursuing education.
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The judgment ensures that revisional jurisdiction is not misused to bypass statutory limitations.
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It contributes to uniform interpretation across courts regarding maintenance beyond majority.