MUHAMMED Vs. KUNHAYISHA
LAWS(KER)-2003-6-15
HIGH COURT OF KERALA
Decided on June 19,2003

MUHAMMED Appellant
VERSUS
Kunhayisha Respondents

JUDGEMENT

- (1.) Is a Muslim daughter, notwithstanding the fact that she has attained majority and notwithstanding the fact that she suffers from no physical or mental abnormality or injury, entitled to claim maintenance under S.125 Cr.P.C. Does the decision of the Supreme Court reported in Noor Saba Khatoon v. Mohd. Quasim (1997 SCC (CRL) 924), confer on her any such right These are the questions that fall for determination in this revision petition.
(2.) Fundamental facts are all admitted. The parties are referred to in this order in the manner in which they are ranked before the Family Court. The second petitioner is aged 20 years. She is the daughter of the counter petitioner (revision petitioner herein). She along with her mother claimed maintenance under S.125 Cr.P.C. The mothers claim for maintenance was turned down. That rejection has now become final without challenge. I need not hence advert to her claim at all.
(3.) There is no contention that the second petitioner / daughter is by reason of any physical or mental abnormality or injury unable to maintain herself. That she is unable to maintain herself is asserted in the petition and at any rate there is no satisfactory evidence now to come to either conclusion. Thus the question is only whether an unmarried Muslim daughter unable to maintain herself, who has no physical or mental abnormality or injury is entitled to claim maintenance from her father under S.125 Cr.P.C.;


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