J.B.PARDIWALA
Manjulaben Prakshbhai Sarvaiya – Appellant
Versus
State of Gujarat – Respondent
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
Kirtikant D. Vadodaria v. State of Gujarat and another (1996) 4 SCC 479
Dr. Ms. Vijaya Manohar Arbat v. Kashirao Rajaram Sawai AIR 1987 SC 1100
Rajathi v. C. Ganeshan AIR 1999 SC 2374
Bhagwan Dutt v. Smt. Kamla Devi AIR 1975 SC 83
Gulraj Singh v. Mota Singh AIR 1965 SC 608
Commission of Sales Tax, Uttar Pradesh v. M/s. Parson Tools and Plants
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.