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2002 Supreme(SC) 539

BRIJESH KUMAR, D.M.DHARMADHIKARI, D.P.MOHAPATRA
Jagdish Jugtawat – Appellant
Versus
Manju Lata – Respondent


D.P.MOHAPATRA, J.

(1) BY the order passed on 23-2-2001, notice was issued to the respondents to show cause why the order granting maintenance in favour of Respondent 3 Kumari Rakhi shall not be modified to the extent that she is entitled to receive maintenance only till she attains majority. In view of the said order, learned counsel for the parties have confined their submissions to that question.

(2) THE petitioner is the father of Kumari Rakhi, Respondent 3 herein, who is a minor unmarried girl. Considering the application filed under Section 125 of the Criminal Procedure Code by Respondent 1, wife of the petitioner and mother of Respondent 3, claiming maintenance for herself and her two children, the Family Court by order dated 22-7-2000 granted maintenance @ Rs 500 per month to each of the applicants. The petitioner herein filed a revision petition before the High Court assailing the order of the Family Court on the ground, inter alia, that Respondent 3 was entitled to maintenance only till she attains majority and not thereafter. Considering the point the learned Single Judge of the High Court accepted the legal position that under Section 125 Cr




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