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2003 Supreme(Ker) 762

R.BASANT
Muhammed – Appellant
Versus
Kunhayisha – Respondent


Advocates Appeared:
For the Petitioner: K.M. Sathyanatha Menon
For the Respondent: K.P. Mujeeb

ORDER :

R. Basant, J.

Is a Muslim daughter, notwithstanding the fact that she has attained majority and notwithstanding the fact that she suffers from no physical or mental abnormality or injury, entitled to claim maintenance under S. 125 Cr.P.C.? Does the decision of the Supreme Court reported in Noor Saba Khatoon v. Mohd. Quasim (1997 SCC (CRL) 924), confer on her any such right? These are the questions that fall for determination in this revision petition.

2. Fundamental facts are all admitted. The parties are referred to in this order in the manner in which they are ranked before the Family Court. The second petitioner is aged 20 years. She is the daughter of the counter petitioner (revision petitioner herein). She along with her mother claimed maintenance under S.125 Cr.P.C. The mother’s claim for maintenance was turned down. That rejection has now become final without challenge. I need not hence advert to her claim at all.

3. There is no contention that the second petitioner/daughter is by reason of any physical or mental abnormality or injury unable to maintain herself. That she is unable to maintain herself is asserted in the petition and at any rate there is no satisfactory ev
























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