Sec 125 CRPC | Major Son Or Daughter Not Entitled To Maintenance, Except When A Statute Or Personal Law Comes To Aid

Case: Showkat Aziz Zargar Vs Nabeel Showkat & Another.

Coram: Justice Sanjay Dhar

Case No.: CRM(M) No.238/2019

Court Observation: “There may be a case where the Family Court has jurisdiction to decide a case under Section 125 Cr.P.C. as well as the suit under Section 20 of Hindu Adoption and Maintenance Act 1956, in such eventuality, Family Court can exercise jurisdiction under both the Acts and in an appropriate case can grant maintenance to unmarried daughter even though she has become major enforcing her right under Section 20 of Act, 1956 so as to avoid multiplicity of proceedings. However, the Magistrate in exercise of powers under Section 125 Cr.P.C. cannot pass such order”.

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Keywords

Sec 125 CRPC, Major Son Or Daughter Not Entitled To Maintenance, Personal Law Comes To Aid