This appeal was filled against the verdict of High Court. A woman filled an
application under section 125 Cr.P.C. against the husband for maintenance of
herself and her 3 children. Judicial Magistrate of Rewari dismissed the appeal
of two children but 3rd child whose name is Abhilasha accepted her appeal of
maintenance because at that time she was a minor , Judicial Magistrate limited
her maintenance until she attains the majority under section 125 of Cr.P.C.
Application of criminal revision filled in session court by all 4 applicants ,
on 17th February 2011 dismissed , Learned Additional Sessions Judge held that as
per provision of Section 125 Cr.P.C., the children, who had attained majority
are entitled to maintenance, if by reason of any physical or mental abnormality
or injury, they are unable to maintain themselves.
Learned Additional Sessions Judge also held that the revisionist No.4 (i.e.
appellant, Abhilasha) is not suffering from any physical, mental abnormality or
injury, therefore, she is entitled to maintenance only till 26.04.2005 i.e.,
till she attains majority. Challenging the order of Sessions Judge as well as
the Judicial Magistrate, an application under Section 482 Cr.P.C. was filed
before the High court by all the applicants including the appellant.
High Court by the impugned judgment dated 16.02.2018 dismissed the application
filed under Section 482 Cr.P.C. Hence Appeal was made in Supreme court.
Whether the appellant is entitled to claim maintenance from her father under
section 125 of Cr.P.C, when she already attained majority and she is not
suffering from any mental or physical disorder but still she is unmarried?
The Apex Court dismissed the appeal because unmarried Hindu Daughter can claim
the maintenance if she unable to maintain herself under section 20(3) of Hindu
adoption and Maintenance act 1956 but under present circumstances the appellant
files the appeal under section 125 Cr.P.C. which allow only those children who
attains the majority have right to maintenance which are unable maintain
themselves because of any physical or mental abnormality or injury, therefore
the case is not maintainable and hence appeal is dismissed.