YERRAM VINOD Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) is filed to quash the orders passed by the Principal Sessions Judge, Khammam in Crl.R.P. No. 1 of 2007 dated 18-09-2007, whereby he dismissed the revision filed by the Petitioner upholding the orders of the Judicial Magistrate of First Class, Bhadrachalam awarding maintenance to the major daughters in M.C. No. 2 of 2006 dated 14-12-2006.

(2.) Heard the learned Counsel for the Petitioner and learned Public Prosecutor for Respondent No. 1. In spite of service of notice none appears for the Respondents 2 to 4.

(3.) Learned Counsel for the Petitioner contends that the Respondents 3 and 4 who are major daughters are entitled to maintenance under the personal laws, viz., Hindu Adoptions and Maintenance Act, 1956 (for short "the Act") but not under Section 125 Code of Criminal Procedure Learned Counsel also contends that the Magistrate cannot award maintenance under Section 125 Code of Criminal Procedure to the major daughters, who are entitled to maintenance under Section 125 Code of Criminal Procedure till they attain majority but not thereafter. Since the Respondents 3 and 4 are aged 31 and 29 years respectively, not suffering from physical or mental abnormality or injury to maintain themselves are not entitled to maintenance. The learned Magistrate will not have jurisdiction to award maintenance under Section 20(3) of the Act in view of Family Courts Act, 1984 and it is only Family Court which is entitled to award maintenance. Therefore, the Magistrate committed an error in awarding maintenance by applying the provisions of Section 20(3) of the Act which is liable to be set aside.