Ajaysingh vs Ku. Ruchi
2023 Latest Caselaw 875 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE MCRC No. 11478 of 2020 (AJAYSINGH Vs KU. RUCHI)

Dated : 13-01-2023 Shri Shailendra Shrivastava -Advocate for applicant.

In the present petition u/S.482 of Cr.P.C the order passed by the Addl. Sessions Judge in revision is under challenge whereby the revisional court has allowed the revision filed by the daughter of the applicant directing for maintenance u/S.125 Cr.P.C.

Counsel for applicant submits that the non-applicant daughter has become major and therefore under the provisions of Sec.125 (1)(c) of the Cr.P.C she was not entitled to claim maintenance. In support of his submissions he has relied on a judgment passed by the Apex Court in the case of Abhilasha Parkash and others AIR 2020 SC 4355 where the court held that unmarried daughter who had attained majority and not suffering from any physical or mental abnormality or injury is not entitled to claim maintenance u/S.125 Cr.P.C. She can make a claim from her father till she is married by filing application u/S.20 of the Hindu Adoptions and Maintenance Act.

Considering the aforesaid submissions issue notice to the non applicants on payment of PF within seven working days returnable within four weeks.

(VIJAY KUMAR SHUKLA) JUDGE

VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 13-01-2023 17:14:24