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2015 Supreme(All) 118

PANKAJ NAQVI
MUSTAKIM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Sumit Goyal for the Revisionist; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Pankaj Naqvi, J.—Heard Sri Sumit Goyal, learned counsel for revisionist and Ms. Anjum Haq, learned A.G.A.

“Whether an unmarried major Muslim daughter who is unable to maintain herself, can claim maintenance from her father under Section 125 Cr.P.C, is an issue which has fallen for consideration in this revision.”

Ms. Anjum/O.P. No. 2, daughter of the revisionist, claimed maintenance from her father under Section 125 Cr.P.C. The trial Court on 30.6.2007 granted maintenance @ Rs. 1000/- per month, which was paid for certain duration. However, as maintenance awarded, was insufficient to maintain O.P. No. 2, she filed an application for enhancement which came to be rejected on 28.5.2013 on the ground that after she had attained majority, she forfeits her right to claim maintenance. On 14.5.2013 as arrears of Rs. 12000/- for the period 31.5.2012 to 31.5.2013 remained unpaid, she initiated proceedings for recovery of the said amount. The application was opposed on the ground that once she had attained majority on 10.3.2011, she is not entitled to claim maintenance. The Principal Judge (Family Court), Saharanpur dismissed the objection of the father on 16.9.2004 on the gro


















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