Lalit Kumar vs Miss Rachita Dashora

Sandeep Mehta, J.—The instant revision has been preferred by the petitioner against the order dated 22.8.2012 passed by the learned Judge, Family Court, Udaipur in Cr. Misc. Case No. 604/09 accepting the application u/s 125 Cr.P.C. filed by the respondent, the petitioner''s daughter and directing the petitioner to make payment of Rs. 5000/- per month granting maintenance to the respondent till she attains majority. Learned counsel for the petitioner submits that there is a serious dispute regarding the paternity of the respondent. The said contention is not supported by any positive evidence or any concrete argument.

This Court is of the opinion that the order passed by the learned Judge, Family Court, Udaipur to the extent of grant of maintenance to the respondent cannot be said to be illegal or having been passed without proper appreciation of evidence. However, the Judge, Family Court has committed grave error in limiting the order of maintenance awardable to the respondent a female child of the petitioner only till the date of her attaining age of majority. The Hon''ble Apex Court in the case of Jagdish Jugtawat Vs. Manju Lata and Others, has held that the said restriction as mentioned in proviso to Section 125 Cr.P.C. cannot restrict the powers of the Court to award maintenance to the female child even beyond the date of majority and such order can be made effective till the female child marries.

Therefore, the exercising the suo motu powers of this Court, the order dated 22.8.2012 is modified and it is directed that the petitioner shall be liable to make payment of maintenance to his daughter (female child) till her marriage.

The revision is according disposed of. Stay petition is also disposed of.