SWAPAN KUMAR DEY Vs. JAYITA

JUDGEMENT

(1.) This revisional application is pertaining to miscellaneous proceeding, being No. 474M of 2007, under section 125 of the Code of Criminal Procedure. The petitioner herein is the father of the opposite party, Jayita @ Chaita Dey. Jayita Dey initiated the maintenance proceeding against her father, the petitioner herein, praying for maintenance to the tune of Rs. 3,000/- per month. In her petition she stated clearly that on the date of filing of the petition, she was 19 years old and that she was major. The learned Chief Judicial Magistrate, Malda, disposed of the application by an order dated 21.07.2010 thereby allowing the prayer of the petitioner, Jayita, for maintenance to the tune of Rs. 3,000/- per month. The opposite party/father, Swapan Kumar Dey, has come up with this application challenging the legality, 2 validity and propriety of the order, mainly, on the following grounds:

(2.) Mr. Chatterjee, learned Counsel appearing on behalf of the opposite party/daughter, contends that while dealing with an application under section 125 of the Code of Criminal Procedure, Court may take into consideration the provisions of Hindu Adoptions and Maintenance Act which provides maintenance of a daughter till marriage. He also refers to a decision of the Hon'ble Apex Court in Jagdish Jugtawat vs. Manju Lata & Ors., 2002 SCC(Cri) 1147.

(3.) The section 125 of the Code of Criminal Procedure is reproduced below:-