SURJEET KOUR Vs. BACHHITAR SINGH

JUDGEMENT

(1.) THIS criminal reference arises out of proceedings Under Section 488 read with section 489 of the Code of Criminal Procedure.

(2.) IT appears that on an application made by Smt. Surjeet Kour, on her behalf and on behalf of her minor children, claiming maintenance allowance Under Section 488 Cr.P.C., the learned Judicial Magistrate 1st Class, R. S. Pura, after hearing the parties, awarded an amount of Rs. 550/ - p.m. as maintenance allowance in favour of the petitioners.

(3.) UPON notice to the respondent, objections were filed before the learned Magistrate. Bachitar Singh, respondent, however, took a preliminary objection to the maintainability of the application. It was urged before the Magistrate that since the daughter had attained the age of majority on the basis of Date of Birth Certificate produced by him, she was not entitled to the maintenance allowance in view of the amendment of section 488 Cr. P. C. His further submission was that in view of the amended provision of section 488 Cr. P.C. when the daughter attains majority, she is not entitled to claim maintenance allowance. There cannot be alteration and enhancement in the maintenance allowance in favour of the daughter. That Smt. Surjeet Kour, having suppressed this fact viz. her daughter having attained majority, her application for enhancement of maintenance allowance is not maintainable.