- (1.)BY this revision, the applicant has challenged legality and propriety of the order dated 24. 7. 2007 passed by the Judge, Family Court, Korba in m. J. C. No. 80/2007, whereby learned Judge, family Court has awarded maintenance to the major daughter from her mother under section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code' ).
(2.)PROPRIETY of the order impugned is challenged on the ground that the major daughter is not entitled for any maintenance except under the condition provided in clause (c) of Section 125 (1) of the Code, as such, the trial Court has committed illegality by awarding maintenance to the major daughter that too from her mother.
(3.)I have heard Mr. Sourabh Sharma, learned counsel appearing for the applicant and Mr. Sourabh Dangi, Advocate, appearing as amicus curiae to assist the Court and address on the point whether the mother is liable to pay maintenance under Section 125 of the Code. I have perused the impugned order as also the record of the trial Court.
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