IMPORTANT POINT
Right of a girl for maintenance from parents after attaining majority till her marriage is recognized.

JUDGMENT

Mrs. Vijay Lakshmi, J.—Both these revisions, arising out of the same impugned judgment, were connected and both are being hereby decided by this common judgment.

2. Criminal Revision No. 1104 of 2012 has been filed by Lekhraj Maithil against the order dated 13.3.2012 passed by Additional Principal Judge, Family Court, District Kanpur Nagar, in Case No. 74 of 2011 whereby the learned Judge Family Court has rejected the application moved by the revisionist under section 127 Cr.P.C. before the Family Court, for setting aside the order of maintenance granted in favour of respondents Smt. Vijaya Maithil and Km. Pragya alias Dolly, wife and minor daughter of the revisionist, respectively.

3. Criminal Revision No. 1516 of 2012 has been filed by Km. Himani @ Anjali, the major daughter of the revisionist against the same order dated 13.3.2012 passed by Additional Principal Judge, Family Court, District Kanpur Nagar, in Case No. 74 of 2011, Lekhraj Maithil Vs. Smt. Vijaya Maithil and others, whereby the learned Family Judge while partly allowing the application filed by the revisionist under section 127 Cr.P.C., set aside the order of maintenance passed in favour of major daughter Km. Himani.

4. The brief facts relevant for the disposal of these revisions are that an application under section 127 Cr.P.C. was moved by Lekhraj Maithil (revisionist in Criminal Revision No. 1104 of 2012) before the Additional Principal Judge, Family Court, Kanpur Nagar, for quashing the order of maintenance passed under section 125 Cr.P.C. in favour of his wife Vijaya Maithil and his two daughters, Km. Himani @ Anjali, aged about 20 years, and Km. Pragya alias Dolly, aged about 13 years. The court below vide impugned order dated 13.3.2012 partly allowed the application moved under section 127 Cr.P.C. whereby denying maintenance to the elder daughter Km. Himani @ Anjali, she being major, and directing the revisionist Lekhraj Maithil to continue to pay the amount of maintenance to his wife and younger daughter as earlier directed by the court.

5. Being aggrieved by the aforesaid impugned order Lekhraj Maithil filed Criminal Revision No. 1104 of 2012. The major daughter Km. Himani @ Anjali also, being dissatisfied by the denial of maintenance to her, filed Criminal Revision No. 1516 of 2012.

6. The revisionist Lekhraj Maithil has challenged the impugned order mainly on the ground that the court below, without giving any attention to the fact that his wife has refused to live with him without any rhyme and reason and the revisionist at every stage had stated that he is ready to keep his wife and children with him, has dismissed his application and as his wife has herself refused to live with him, she has no right to get the maintenance. Hence, it has been prayed that the order dated 13.3.2012, which has been passed on the basis of conjectures and surmises and without application of mind, be set aside and the revision be allowed.

7. Learned AGA and learned counsel appearing for opposite parties have opposed the revision by contending that the learned court below has not acted with any irregularity or illegality. The impugned order shows that the learned Additional Judge, Family Court, has categorically recorded a finding that the wife is ready to live with her husband subject to the condition that he mends his ways and does not misbehave with his wife and daughters. The court below has also observed that the husband has not made any effort to take back his wife and daughters with him and due to maltreatment of them by the revisionist-husband they have been forced to live separately. The court below has also expressed its clear view that the exparte decree under section 9 of the Hindu Marriage Act, passed in favour of husband, is of no use because the husband has neither communicated about this decree to the wife nor he has made any effort for execution of this decree.

8. Under these circumstances the learned court below did not find any good ground to q