SHAHBUDDIN SARFUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri N. I. Jafri, learned counselor the accused applicant, learned A.G A. and perused the record.

(2.) Application has been filed under Section 462 Cr.P.C. with the prayer to quash the order dated 30.9.2005 passed by Family Court, Meerut, whereby he allowed the application for interim maintenance filed by the opposite party No. 2 in Misc. Case No. 147 of 2003 Smt. Shakeela v. Shahabuddin with effect from the date of application i.e. 3.11.2003 at the rate of Rs. 1000 per month to the applicant and also Rs. 1000 per month to her daughter Nimmi. Opposite party No. 2 filed an application under Section 125 Cr.P.C. claiming for maintenance on 9.4.2003.

(3.) The main contention of the learned Counsel for the accused applicant is that the applicant had already divorced opposite party No. 2 and that Km. Nimmi has become major and is not entitled for any maintenance under Section 125 Cr.P.C.. Under Section 125 Cr.P.C., a minor child is entitled to maintenance and a child if attains majority is also entitled to maintenance, if by reason of any physical or mental abnormality or injury is unable to maintain itself.