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Petition for Special Leave to Appeal No. 1‑P of 1966, decided on 28th March 1968.
(On appeal from the judgment and order of the High Court of west Pakistan, Peshawar Bench, Peshawar, dated the 8th December 1967, in Criminal Revision No. 140 of 1966).
S. 488‑Word "child" ---Special Leave to Appeal granted by Supreme Court to consider whe ther "child" includes one who has attained majority as well.
Peer Bakhsh Khan, Advocate Supreme Court instructed by Muhammad Tariq Khan, Attorney for Petitioner.
Nemo for Respondent.
Date of hearing: 28th March 1968.
This petition for special leave to appeal arises out of an application filed under section 488 of the Code of Criminal Procedure by the respondent, Mst. Parveen Akhtar, against her father, petitioner Alaf Din, for grant of maintenance allowance.
The respondent Mst. Parveen Akhtar is aged 22 years and is studying in the Government College, Campbellpur. A Magistrate has ordered her father Alaf Din to pay to her Rs. 40 per month as maintenance allowance and his order has been upheld till the High Court. Alaf Din seeks special leave to appeal to this Court.
Mr. Peer Bakhsh Khan, the learned counsel, has contended that Mst. Parveen Akhtar would not come under the word "child" occurring in section 488, Cr. P. C.
There seems to be divergence of judicial opinion on this point. Some of the High Courts have held that the word "child" in section 488, Cr. P. C. Would mean child who has attained majority, whereas some of the High Courts have taken the view that even a child who has not attained majority is entitled to maintenance under this section.
As the question raised requires interpretation of section 488 of the Code of Criminal Procedure which is of general public importance, we grant leave to consider the above point only. The petitioner undertakes to pay the allowance as ordered by the Courts below pending disposal of the appeal.
Leave granted.
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