YUGESHWAR NATH MISHRA Vs. ARPANA KUMARI

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing order dated 5-10-1999 in Case No. Misc. 122 of 1996 corresponding to Trial No. 387 of 1999 recorded by Sri. Rajendra Kumar Singh, Judicial Magistrate, first class, Ara as well order dated 5-8-2000 recorded in Cr. Rev. No. 288 of 1999 by the First Additional Sessions Judge, Ara. In this case learned counsels for the petitioner, for opposite party No. 1, Arpana Kumari, and learned Additional Public Prosecutor on behalf of the State have been heard. THIS application, therefore, is being disposed of at this stage.

(2.) ONE Vidyawati Devi, who had expired in course of the proceeding and Arpana Kumari, her daughter, had filed a petition under Section 125 of the Code for their maintenance. On death of her mother the daughter continued to prosecute the case. Arpana Kumari was unmarried who had stated her age to be eighteen years on the date of her deposition, on 31-5-1999. The case was contested and in the final order the learned Magistrate directed payment of maintenance at the rate of rupees five hundred per month to Arpana Kumari till she got married or was able to maintain herself, whichever was earlier. This order was passed in view of a decision of the Apex Court in the case of Noor Saba Khatoon v. Mohd. Quasim, 1997 (1) PLJR 111 : (1997 Cri LJ 3972). That order was challenged in Cr. Rev. No. 288 of 1999 which was disposed of by the learned First Additional Sessions Judge, Bhojpur at Ara on 5-8-2000 by which, rejecting the argument of the learned counsel for the petitioner that the aforesaid decision of the Apex Court was applicable only in the case of a Muslim female child, the Court upheld the order of the lower Court.

(3.) NOTWITHSTANDING the fact that Section 125 of the Code is applicable to grant maintenance only to a child, male or female, who is a normal child till he attains majority under the provisions of Indian Majority Act, 1875, a Muslim father was held bound to maintain a female child till she was married, under Section 125 of the Code read with Muslim Personal law in that regard.