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2016 Supreme(J&K) 23

N.PAUL VASANTHAKUMAR, BANSI LAL BHAT
Bachan Lal Kalgotra – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Respondent:Mr. D.C. Raina, Advocate General with Mr. W.S. Nargal, AAG.

JUDGMENT :

N. Paul Vasanthakumar, J.

This writ petition is filed by the petitioner who is an Advocate, seeking to declare/quash the word “minor child” from Clause (b) of Sub-Section (1) of Section 488 Cr.P.C and explanation defining minor child, by contending that as per the amended provision, on reaching the age of 18 years, the children are not entitled to get maintenance from their parents.

2. According to the petitioner, by the impugned amendment the Legislature has defined the child as minor child, i.e one who has not attained the majority and as a consequence of the definition, maintenance is stopped at the age of 18 years when they require most as they are mid-way of their studies. The petitioner, who is appearing as a party in person, argued that while interpreting the provisions seeking maintenance by wife and children, those who are unable to maintain themselves irrespective of their age were held entitled by Hon'ble the Supreme Court in the decision reported in AIR 1970 SC 446 (Nanak Chand v. Chandra Kishore Aggarwal), and by virtue of this amendment made in the year 1973 the right of the children to seek maintenance as a matter of right has been taken away under Section 12











































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