SUSHILA BAI Vs. BISAUHARAM

JUDGEMENT

(1.) THIS petition is for quashment of the order dated 26-5- 2007 passed by the 1st Additional sessions Judge, Rajnandgaon in Criminal revision No. 29/2007 affirming the order dated 24- 1-2007 passed by the Judicial magistrate First Class, Rajnandgaon in Misc. Criminal Case No. 7/2007, whereby learned judicial Magistrate First Class has awarded maintenance of Rs. 2,000/- per month to petitioner No. l, but has denied maintenance to petitioner N0. 2, the unmarried daughter, on the ground that she is not entitled for maintenance in terms of Section 125 (i) (a)of the Code of Criminal Procedure, 1973 (for short 'the Code') which has been affirmed by the revisional Court.

(2.) ORDER is challenged on the ground that the unmarried daughter is still unable to maintain herself and only after attaining the age of majority she does not become an earning member or she does not cease her character to maintain herself without any change relating to income and earning of such daughter, but the Courts below have not considered the material fact and thereby committed illegality by denying maintenance to the' unmarried daughter only on the ground of attaining the age of majority.

(3.) I have heard learned counsel for the parties, perused the order impugned and record of the Courts below.