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2015 Supreme(Guj) 695

J.B.PARDIWALA
Manjulaben Prakshbhai Sarvaiya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Bhavini H. Jani, Advocate
For the Respondents: Hansa Punani, APP

JUDGMENT

J.B. Pardiwala, J.

1. By this petition under Article 227 of the Constitution of India, the petitioner calls in question the legality and validity of the order dated 30.03.2015 passed below Exhibit: 6 by the learned Principal Judge, Family Court, Bhavnagar in the Criminal Miscellaneous Application No. 124 of 2014, by which, the learned Judge was pleased to grant interim maintenance in favour of the stepdaughter for an amount of Rs. 3,000/- to be paid by the petitioner to the respondent No. 2, who is the grandfather of the stepdaughter of the petitioner.

2. An interesting question of law arises in this petition. Whether a minor stepdaughter is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (for short, 'the Code') from her stepmother on the demise of the natural father of the stepdaughter.

3. The facts giving rise to filing of this petition may be summarized as under:

3.1 The son of the respondent No. 2 herein, namely, Prakashkumar Sarvaiya married with one Ashaben Manjibhai on 09.02.1998 and in the wedlock, a baby girl, namely, Jahnvi was born. On account of marital dispute, they preferred a Hindu Marriage Petition No. 32 of 2003 under Sec

























































































































































































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