RAJAL @ SUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner assailing the order dated 1.4.2011 passed by the learned Sessions Judge, Sriganganagar in revision whereby the learned revisional Court affirmed the order dated 13.7.2010 passed by the learned Judicial Magistrate 1st Class, Sriganganagar in Case No.33/2010 discontinuing the maintenance awarded in favour of the petitioner.

(2.) Succinctly stated the facts of the case are that the petitioner being the respondent No.2's daughter filed an application under Section 125 Cr.P.C. in the Court of the learned Judicial Magistrate, Kolayat. The application came to be accepted by the learned Judicial Magistrate by order dated 23.7.2009 and the respondent No.2 was directed to make payment of Rs.600 as monthly maintenance to the petitioner. The respondent No.2 filed an application submitting therein that the petitioner had gained majority upon crossing the age of 18 years on 5.10.2008 and thus, she was not entitled to claim and receive any further maintenance under Section 125 Cr.P.C. Learned Magistrate accepted the said application by order dated 13.7.2010 and annulled the order of maintenance from 5.5.2010 i.e. the date on which the application was moved by the respondent No. 2. The petitioner challenged the order in revision, which came to be rejected by the learned Sessions Judge, Sriganganagar by his order dated 1.4.2011. Hence, this misc. petition.

(3.) Shri Vipin Makkad learned counsel appearing for the petitioner places reliance on the decision rendered by the Hon'ble Apex Court in the case of Noor Saba Khatoon v. Mohd.Quasim,1997 3 Crimes 106(SC), wherein, the Hon'ble Apex Court held that a female child despite becoming major has a right to receive maintenance from the father till the date of her marriage. He urges that in view of the aforesaid decision, the petitioner would be entitled to receive maintenance from the respondent No.2 her father even after attaining majority.