RAJ KUMARI AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Saurabh Srivastava, learned counsel for the applicants and Shri Shashi Dhar Tripathi, learned Additional Government Advocate.

(2.) THE applicants who are the wife and daughter of O. P. No. 2 have preferred this application under section 482 Cr. P. C. challenging the order dated 29. 11. 2007 whereby the learned Additional Chief Family Court, Kanpur Nagar has modified his order dated 9. 5. 06 granting maintenance to both the applicants at the rate of Rs. 700 per month in proceedings under section 127 Cr. P. C in Case No. 171 of 2006 and limited the grant of maintenance to his daughter, applicant Akansha till the date she turns major, i. e. till 21. 8. 06 whilst upholding the grant of maintenance to his wife, applicant Smt. Raj Kumari Awasthi.

(3.) THIS part of the order was assailed by the applicants by arguing that under section 127 of the Code, grant of maintenance cannot be denied to an unmarried daughter, who has no source of income whatsoever to maintain herself and who being a student of Class-XII is in dire need of her father's assistance for her education and upbringing. My attention was however drawn to section 125 (1) (c) of the Code, which reads as under : 125. Order for maintenance of wives, children and parents:- (1) If any person having sufficient means neglects or refuses to maintain- (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself,. "