FOUSIA BANU Vs. MOHAMMED SALEEM

JUDGEMENT

(1.) The question that arises for determination in this revision petition is as to whether an unmarried daughter, who is unable to maintain herself but has attained the age of majority, is entitled to claim maintenance in a proceeding under Section 125 of the Code of Criminal Procedure, 1973?

(2.) Learned counsel for the petitioners submitted that a daughter is entitled for maintenance from her father till she gets married, notwithstanding her attaining the age of majority. In support of his submission, he relied on a judgment of the Supreme Court in Noor Saba Khatoon vs. Mohd. Quasim, 1997 6 SCC 233 and specifically referred to paras 10 & 11 thereof, which read as follows:

(3.) The following observations made by a three judge Bench of the Supreme Court in Jagdish Jugtawat v. Manjulata, 2002 5 SCC 422also needs to be noticed: