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Abhilasha v/s Prakash And ors

Brief Facts:
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.

Issues Involved:
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?

Judgement:
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.

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