Jammu & Kashmir & Ladakh High Court: Major & Unmarried Daughters Suffering From No Physical Or Mental Abnormality Cannot Claim Maintenance
The Jammu & Kashmir and Ladakh High Court was considering a Criminal Revision Petition filed by a Senior Citizen against maintenance awarded to his two daughters.
The Jammu & Kashmir and Ladakh High Court has held that unmarried daughters of major age but suffering no physical/mental abnormality or injury are not entitled to seek maintenance.
The Court was considering a Criminal Revision Petition filed by a Senior Citizen against maintenance awarded to his two daughters.
The single bench of Justice Rahul Bharti observed, "A bare perusal of section 488 would show that the two unmarried daughters of the petitioner, being of major age but suffering no physical/mental abnormality or injury rendering them unable to maintain themselves, were not supposed to invoke section 488 Cr.P.C. by any stretch of claim or reasoning but this legal aspect of section 488 was missed out by both courts below by passing the orders against the petitioner in favour of the respondents No. 1 and 2 and therefore both the orders are held to be illegal and are hereby set aside."
Facts of the Case
The Petitioner, at his own end, reckoning himself to be dependent upon his son filed Maintenance Petition under section 488 of the J&K Code of Criminal Procedure. It was allowed by the Judicial Magistrate holding him entitled to earn monthly maintenance of Rs. 2000/- from his son. The same Judicial Magistrate also allowed the Maintenance Petition of two of the daughters of the Petitioners holding them entitled to maintenance of Rs. 1200/- each. The Revision Petition of the Petitioner assailing the order was dismissed. He, therefore filed the present petition under section 482 of the Code of Criminal Procedure 1973 invoking inherent jurisdiction of this Court to unburden him from the liability so fasten upon him.
Reasoning By Court
The Court after examining Section 488 of the Jammu and Kashmir Code of Criminal Procedure, Act, 1989, held that the daughters of the Petitioner were not entitled for maintenance.
The Petition was accordingly allowed.
Cause Title: Abdul Raheem Bhat vs. Beauty Jan And Ors.
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