IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REVISION No.1519 of 2007
MISS PUSHPA KUMARI & ORS
Versus
DWARIKA PRASAD GUPTA
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3. 03.07.2008. Heard learned counsel for the petitioners and the State.
2. Petitioners are the daughters/sons of the sole Opposite
Party. They had approached the court below for grant of maintenance
in terms of the provisions contained in Section 125 of the Code of
Criminal Procedure, which petition has been rejected by the court
below (Principal Judge, Family Court, Patna) under judgment dated
9th October, 2007 passed in Maintenance Case No. 167(M) of 2006 on
the ground that all the petitioners have attained majority and as such
the sole Opposite Party is not obliged to maintain the petitioners. Such
finding of the court below is being questioned in this application on
the ground that petitioner nos. 1 and 2 are the unmarried daughters of
the opposite party and they are entitled to maintenance from him in
the light of the provisions contained in Sub-Section (3) of Section 20
of the Hindu Adoptions and Maintenance Act, 1956. For ready
reference Sub-Section (3) of Section 20 of the Hindu Adoptions and
Maintenance Act, 1956 is quoted hereinbelow :-
“The obligation of a person to maintain his
or her aged or infirm parent or a daughter who is
unmarried extends in so far as the parent or the
unmarried daughter, as the case may be, is unable to
maintain himself or herself out of his or her own
earnings or other property.”
-2-
3. It would appear from a plain reading of the quoted
provision that unmarried daughter, even if she has attained majority,
is entitled to be maintained by her father which aspect of the matter
does not appear to have been considered by the court below while
passing the impugned judgment dated 9th October, 2007 passed in
Maintenance Case No. 167(M) of 2006.
4. Having appreciated the aforesaid submission, this Court
directs that the sole Opposite Party be noticed through the court below
for which Talwana etc. both under registered cover with A.D. as also
ordinary process be filed by Friday i.e. 04.07.2008 and the office is
directed to ensure service on the opposite party through court
below by next week and put up this matter after four weeks
maintaining its position.
(V.N.Sinha,J.)
P.K.P.