SARDAR ANOOP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. I have heard Sri Ram Prasad Singh, learned counsel for the applicant and Sri Satendra Pratap Singh, learned counsel appearing on behalf of contesting respondent No. 2 Smt. Sarabjit Kaur.

(2.) SMT. Sarabjit Kaur filed an application under Section 125, Cr. P. C. claiming maintenance for herself and for her infant child Amlok Singh, aged about 4 years in the Family Court, Kanpur Nagar. The case was registered as Matrimonial Petition No. 282 of 1993, According to the wife SMT. Sarabjit Kaur she was treated with cruelty and thrown out of the conjugal home and she, being a house wife, had no means of subsistance for herself and her child.

(3.) THE right of a child to get maintenance is an independent right. A child does not live either with the father or with the mother of its own volitation and cannot be deprived of it's right. THEre is no derth of judicial pronouncements to lend countenance to the view I have expressed above. (See also Jahan Begum v. Rizvan Ullah, 1979 ACC 2 ; Balbeer Singh v. Hardeep Singh, 1976 Cr LJ 1136 ). In a very recent case the Gujarat High Court has held that child's right to maintenance is quite independent and is not effected even by the provisions of the Muslim Women (Protection of Divorce) Act, (See Abdulla v. State of Gujarat AIR 1988 Gujarat 141 ). That being so the proceedings cannot be quashed in respect of the child.