KAMLESH SHARMA & ORS Vs. STATE & ANR

JUDGEMENT

(1.) Petitioner impugns order dated 06.01.2017 whereby the application of the petitioner under Section 125 Cr. P.C. has been rejected. Application of petitioner no. 2 and 3, daughter and son of the parties were rejected solely on the ground that they are major.

(2.) It is an admitted position that the subject application was filed on 06.07.2013. The date of birth of petitioner no. 3 i.e. son is 27.09.1996 which makes him less than 18 years on the date of the presentation of the application. The age of the daughter on the date of the application is 23 years. Learned counsel for the petitioner has relied on the judgment of the Coordinate Bench of this Court in '.Mansi Vohra Vs. Ramesh Vohra' Crl. M.C. 2474/2012 dated 22.11.2012 whereby this Court has clarified that the daughters are entitled to maintenance till the time of their marriage.

(3.) Learned counsel for the respondent submits that the daughter was employed and in a position to maintain herself and as such was also disentitled to any maintenance.