JASRATH Vs. GUDDI

JUDGEMENT

(1.) ARGUMENTS heard.

(2.) BY order dated 27th July, 1999, passed by J. M. F. C. , Niwari, in Criminal Case No. 64/98, the maintenance petition of respondents stood rejected, who successfully challenged the same before the First A. S. J. , Tikam-garh, in Criminal Revision No. 120/99. Setting aside the order passed by learned J. M. F. C. the learned First A. S. J. , Tikamgarh, granted maintenance at the rate of Rs. 250/- per month to respondent No. 1 and at the rate of Rs. 150/-till the marriage to respondent No. 2, which is payable since the date of order. The aforesaid order passed by learned First A. S. J. , Tikamgarh, is in challenge, in this revision petition.

(3.) THE grant of maintenance to respondent No. 1 is being challenged on the ground that she is not legally wedded wife of the petitioner, and grant of maintenance to respondent No. 2 is being challenged on the ground of her attaining the majority. But, it is found admitted by petitioner in Paragraph No. 4 under cross-examination that respondent No. 1 is his legally wedded wife and female child is entitled for maintenance under Section 125 of the Code of Criminal Procedure, even after attaining the age of majority, till she is married, as explained by Their Lordships of Supreme Court in Noor Saba Khatoon v. Mohd. Quasim, reported in 1997 (3) Crimes 106 (SC ). The relevant portion of the aforesaid pronouncement runs as follows :